Ms Kalyan v Health Intelligence Ltd: 3316114/2019
JUDGMENT
The claimant’s claim relating to ‘ordinary’ unfair dismissal contrary to section 98 of the Employment Rights Act 1996 is struck out as the claimant had not complied with the deposit order relating to this claim. For the avoidance of doubt the remainder of the claimant’s claims will proceed. _____________________________ Employment Judge Skehan Date: 1/09/2020 ORDER SENT TO THE PARTIES ON ..........17.09.2020............................. ........GDJ.................................... FOR THE TRIBUNAL OFFICE Case Number: 3316114/2019 1 EMPLOYMENT TRIBUNALS Claimant Respondent Miss J Kalyan v Health Intelligence Limited Heard: By Telephone On: 25 January 2021 Before: Employment Judge Clarke QC Appearances For the Claimant: In person For the Respondent: Mr Alex Line, Counsel JUDGMENT[1]The claims for Disability Discrimination are dismissed. The claims were presented outside the primary limitation period and the claimant has failed to show that it would be just and equitable to extend time for their presentation.[2]In the alternative, the claimant having failed to satisfy the Tribunal that she was at any material time a disabled person for the purposes of section 6 of the Equality Act 2010, the claims for Disability Discrimination are dismissed.[3]In the further alternative, the claims for Disability Discrimination having no reasonable prospects of success, those claims are struck our pursuant to Rule 37(1)(a) of the Employment Tribunals Rules of Procedure.[4]The claims having been dismissed, or struck out, the sum of £250 paid by the claimant by way of deposit, pursuant to an Order of the Tribunal, shall be paid to the respondent.[5]Pursuant to Rule 76(1) of those Rules of Procedure, the claimant shall pay to the respondent a further sum of £500 towards its costs of these proceedings, the claimant having behaved unreasonably in continuing to Case Number: 3316114/2019 2 pursue them after having had time to reflect upon the comments and Orders made at the preliminary hearing on 5th May 2020 and/or because the claim had no reasonable prospect of success.