Miss N M Viljoen v Shardeloes Farm Equestrian Centre and Miss J White: 3323407/2021

EMPLOYMENT TRIBUNALS

Case No 3323407/2021

Between

Miss N M ViljoenClaimant

Shardeloes Farm Equestrian Centre and Miss J WhiteRespondent

Before

Employment Judge Postle

Members

Mrs G Bhatt

Mr D Wharton

Ms Afiya Amesu (instructed by Counsel) for respondent

Date 22 August 2024

JUDGMENT

[1]As the First Respondents accept vicarious liability for the Second Respondent, the Claimant has agreed that the Second Respondent can be dismissed from the proceedings.

[2]The Claimant’s claims under the Employment Rights Act 1996 for constructive dismissal are dismissed as the Claimant has insufficient continuity of employment to bring a claim. _____________________________ Employment Judge Postle Date: 4 August 2022…………………. Sent to the parties on: ....................... ............................................................ For the Tribunal Office Case No: 3323407/2021 10.2 Judgment - rule 61 February 2018 EMPLOYMENT TRIBUNALS Claimant: Ms Naomi Viljoen Respondent: Shardeloes Farm Equestrian Centre Heard at: Watford Employment Tribunal On: 12-16 & 19-21 August 2024 (20 August 2024- deliberations) Before: Employment Judge Young Non Legal Members: Mrs G Bhatt Mr D Wharton Representation Claimant: Mr Boswell (Lay representative) Respondent: Ms Afiya Amesu (Counsel)

[1]The Claimant’s complaints under section 26 Equality Act 2010 of harassment related to disability under issues 7.1.1, 7.1.5 and 7.1.10 & 7.1.12 are well founded and succeed.

[2]The Claimant’s complaint under section 26 Equality Act 2010 of harassment related to race under issue 8.1.1 is well founded and succeeds.

[3]The Claimant’s complaints under of section 19 Equality Act 2010 indirect disability discrimination under issues 5.4.1 & 5.4.3 are well founded and succeed.

[4]The Claimant’s complaints under section 21 Equality Act 2010 of reasonable adjustments under issues 6.3.1 & 6.3.3 are well founded and succeeds.

[5]All the Claimant’s remaining complaints not already mentioned above are not well founded and are dismissed.

[6]The remedies hearing is listed for 2 days in person on 25-26 September 2024. Case management orders have been issued in respect of this hearing. Case No: 3323407/2021 10.2 Judgment - rule 61 February 2018