Claimant v London Borough of Islington
Outcome
Individual claims
Within time limits. To be determined at final hearing regarding whether dismissal for alleged gross misconduct was fair and within band of reasonable responses.
Within time limits. Claimant alleges £1775 should have been paid on 26 July 2023 while appeal was pending. To be determined at final hearing.
Claimant alleged protected disclosure on 3 December 2021 reporting violence. Most detriment allegations out of time except paragraphs 5.1.2, 5.1.8, 5.1.9, 5.1.10. Only these allegations can proceed. Merits to be determined at final hearing.
Most race discrimination claims struck out as out of time. Extension granted for paragraphs 5.1.2 (Ceesay's disdain Jan 2022-June 2023), 8.3.2 (Jackson refusing appeal points 17 Aug 2023), 8.3.3 (Ceesay antipathy to June 2023), 8.3.7 (Ceesay laptop authorisation failure 13 June 2023). Merits to be determined at final hearing.
Intersectional race and sex discrimination claims mostly out of time. Extension granted only for paragraphs 8.3.2, 8.3.3, and 8.3.7 (same incidents as race claims). Merits to be determined at final hearing.
Claimant established as disabled person for sciatica and asthma (conceded by respondent) but not for cataracts. No medical evidence of cataract diagnosis during relevant period May 2022-June 2023. All disability discrimination claims relating to cataracts struck out. Direct disability discrimination claims linked to detriment allegations all out of time except 5.1.8.
All reasonable adjustment claims out of time (ergonomic chair, second laptop, larger screens, OH recommendations). Most related to alleged cataract condition which tribunal found was not a disability at relevant times. Claims struck out.
Most harassment claims out of time. Extension granted only for paragraph 10.1.2 (disdainful treatment by Ceesay because claimant Black Caribbean and he Black African, January 2022-13 June 2023). Merits to be determined at final hearing.
Claimant withdrew victimisation allegation (refusal to postpone disciplinary hearing 26 May 2023) at preliminary hearing on 27 June 2024.
Facts
Claimant, an Employee Relations Officer for Islington Council, was dismissed for alleged gross misconduct on 15 June 2023. She alleges she made a protected disclosure in December 2021 reporting workplace violence, and subsequently suffered detriments and discrimination on grounds of race (Black Caribbean), sex, and disability (sciatica, asthma, alleged cataracts). She claims her manager Mr Ceesay treated her with disdain, failed to provide reasonable adjustments including ergonomic chair and second laptop for vision problems, allocated her excessive workload, and lied about complaints against her. Her appeal against dismissal was heard on 17 August 2023.
Decision
This preliminary hearing determined time limits and disability status. The tribunal found claimant was not disabled regarding cataracts (insufficient medical evidence of long-term condition during employment). Most claims prior to 7 June 2023 struck out as out of time. Extension granted for limited claims: unfair dismissal and unlawful deductions (in time); selected whistleblowing detriments and race/sex discrimination claims relating to Ceesay's conduct and Jackson's appeal handling. Deposit order refused. Remaining claims to proceed to final hearing listed for June 2026.
Practical note
Tribunals will strictly apply disability definition requirements including medical evidence of long-term effects during the relevant employment period, and may limit continuing act extensions to recent allegations where earlier claims create forensic prejudice, even where time limits are extended.
Legal authorities cited
Statutes
Case details
- Case number
- 2217674/2023
- Decision date
- 22 May 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- London Borough of Islington
- Sector
- local government
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Employee Relations Officer
Claimant representation
- Represented
- No