Claimant v NGB Associates Ltd
Outcome
Individual claims
This claim proceeds to final hearing following refusal of respondent's strike out application at preliminary hearing.
This notice pay claim proceeds to final hearing following preliminary hearing outcome.
Respondent's application to strike out this claim under s.20/21 Equality Act 2010 was refused, and application for deposit order was also refused. The claim proceeds to final hearing.
Facts
This is a preliminary hearing concerning the claimant Ms E Pearn's claims against NGB Associates Ltd, where she was represented in person and the respondent was represented by its director Mr A Pearn. The respondent made an application to strike out the claimant's failure to make reasonable adjustments claim under sections 20/21 Equality Act 2010, or alternatively to subject it to a deposit order.
Decision
Employment Judge Danvers refused the respondent's application to strike out the failure to make reasonable adjustments claim and also refused the application for a deposit order. All three claims (unfair dismissal, wrongful dismissal for notice pay, and failure to make reasonable adjustments) were allowed to proceed to final hearing.
Practical note
A respondent's attempt to strike out or impose a deposit order on a disability discrimination claim based on failure to make reasonable adjustments can be refused at preliminary hearing, allowing the claim to proceed to full merits hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 6002662/2024
- Decision date
- 13 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No