Cases6009281/2024

Claimant v Network Rail Infrastructure Limited

Outcome

Partly successful

Individual claims

Otherstruck out

Claims of personal attacks, breach of trust and confidentiality and breach of the GDPR were dismissed by consent for want of jurisdiction in the Employment Tribunal, as these matters fall outside the tribunal's statutory jurisdiction.

Harassment(disability)succeeded

The respondent conceded liability. The tribunal found the claimant is a disabled person and was subjected to unlawful harassment related to disability under s26 of the Equality Act 2010 in relation to claims identified at 2(i), (ii) and (iii) of the agreed list of issues.

Facts

The claimant brought claims against Network Rail Infrastructure Limited including disability harassment and other claims relating to personal attacks, breach of trust and confidentiality, and GDPR. The parties reached a consent agreement on liability at a preliminary hearing.

Decision

The tribunal dismissed the claimant's claims of personal attacks, breach of trust and confidentiality, and GDPR breach for want of jurisdiction. The respondent conceded liability for disability harassment under the Equality Act 2010. The case will proceed to a remedies hearing.

Practical note

Consent judgments on liability for disability harassment can resolve the merits phase efficiently, allowing parties to focus solely on remedy at a subsequent hearing.

Legal authorities cited

Statutes

EqA 2010 s.6EqA 2010 s.26

Case details

Case number
6009281/2024
Decision date
18 March 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
transport
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
barrister