Cases4102676/2023

Claimant v Community InfoSource

25 August 2025Before Employment Judge L MurphyScotlandin person

Outcome

Claimant fails

Individual claims

Harassment(race)struck out

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.

Harassment(gender reassignment)struck out

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.

Failure to Make Reasonable Adjustments(disability)struck out

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.

Victimisationpartly succeeded

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.

Constructive Dismissalfailed

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

Madarassy v Nomura International Plc [2007] ICR 867Peninsula Business Services Limited v BakerCarreras v United First Partners Research

Statutes

Equality Act 2010 s.109Equality Act 2010 s.20Equality Act 2010 s.136Equality Act 2010 s.39Equality Act 2010 s.27Equality Act 2010 s.123

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