Y v The Commissioners for HM Revenue and Customs: 6000749/2023
JUDGMENT
(1) The claimant’s first application for a postponement is refused because the tribunal can determine the single allegation of harassment which remains before the tribunal without hearing evidence. The second application for a postponement on the basis that the claimant is considering an appeal in relation to the decision of Employment Judge Wade on disability sent to the parties on 13 February 2024 is refused because the application has not been made until the final hearing, when the respondent is ready to proceed; and because the tribunal can determine the remaining allegation today in any event since it is not affected by EJ Wade’s decision.(2) The claimant’s claims of harassment related to disability race dated 20 December 2022 cannot succeed because (subject to a successful appeal) the claimant did not have a disability then, and are therefore dismissed.(3) The claimant’s remaining claim for harassment in relation to the notes of the interview with Mr A Kalam during a grievance process (s.26 Equality Act 2010) fails on the facts, is not upheld and is dismissed.