Claimant v Community InfoSource
Outcome
Individual claims
Complaint related to comment on 10 October 2022 ('let's not be conflictual') was time-barred and tribunal refused just and equitable extension. Tribunal lacked jurisdiction and dismissed claim.
Complaint related to alleged comments on 1 March 2022 about transgender identity was time-barred and tribunal refused just and equitable extension. Tribunal also found the alleged comments were never made. Dismissed for lack of jurisdiction.
All three alleged failures (work from home, supervision arrangements, mediation/counselling) were time-barred and tribunal refused just and equitable extension. Tribunal also found some adjustments were not reasonable, and claimant not substantially disadvantaged by PCPs compared to non-disabled persons.
Most victimisation complaints were time-barred. Of those in time, tribunal found claimant did three protected acts but none of the alleged detriments (protected conversation, settlement agreement presentation, garden leave, email revocation, grievance handling) were because of those protected acts. All victimisation complaints dismissed.
Claimant alleged constructive dismissal amounting to victimisation under s.39(4) EA. Tribunal found no acts of victimisation established, therefore constructive dismissal complaint as victimisation dismissed. Tribunal did not need to determine whether there was a constructive dismissal in employment law terms.
Facts
Claimant, a part-time WASH Coordinator for a small refugee charity, was employed from January to December 2022. Claimant had ADHD and identified as non-binary, and alleged harassment related to race and gender reassignment, failures to make reasonable adjustments, and victimisation. Claimant went on sick leave in May 2022 due to stress, returned in August, and resigned in December after being placed on garden leave following a meeting on 14 November 2022. Claimant alleged poor treatment by CEO line manager and claimed constructive dismissal.
Decision
Tribunal dismissed all claims. Most complaints were time-barred and tribunal refused to extend time on just and equitable grounds. For claims in time, tribunal found claimant performed three protected acts but none of the alleged detriments were because of those acts. Tribunal also found alleged gender reassignment harassment never occurred, and reasonable adjustment failures were not established or not reasonable.
Practical note
Time limits are strictly enforced: claimants must act promptly even when unrepresented, and tribunals will not readily extend time where there is significant delay and no compelling explanation for late filing.
Legal authorities cited
Statutes
Case details
- Case number
- 4102676/2023
- Decision date
- 25 August 2025
- Hearing type
- full merits
- Hearing days
- 9
- Classification
- contested
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Women and Asylum Seeker Housing Project Coordinator (WASH Coordinator)
- Service
- 11 months
Claimant representation
- Represented
- Yes
- Rep type
- barrister