Claimant v Marks and Spencer PLC
Outcome
Individual claims
Tribunal found that the Claimant does not have a disability within the meaning of s.6 EqA 2010, which was a prerequisite for the s.15 and s.20 claims to proceed.
Dismissed as preliminary issue because tribunal found the Claimant does not have a disability within the meaning of s.6 EqA 2010.
Claim was issued out of time and tribunal found it would not be just and equitable to extend time under s.123 EqA 2010.
Claim was issued out of time and tribunal found it would not be just and equitable to extend time under s.123 EqA 2010.
Claim was issued out of time and tribunal found it would not be just and equitable to extend time under s.123 EqA 2010.
Facts
Ms Henok brought claims against Marks and Spencer plc for race discrimination (direct discrimination, harassment, and victimisation) and disability discrimination (discrimination arising from disability under s.15 and failure to make reasonable adjustments under s.20). The case proceeded to a preliminary hearing to determine whether the Claimant had a disability and whether the race claims were in time.
Decision
The tribunal found that the Claimant does not have a disability within the meaning of s.6 EqA 2010, dismissing the disability-related claims. The race discrimination claims were found to be out of time, and the tribunal exercised its discretion not to extend time on just and equitable grounds, resulting in dismissal of all claims.
Practical note
Unrepresented claimants must ensure claims are filed within strict time limits, as tribunals will not automatically extend time even for discrimination claims without compelling just and equitable reasons.
Legal authorities cited
Statutes
Case details
- Case number
- 6005666/2024
- Decision date
- 27 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No