Cases→3200371/2023

Claimant v Essex County Council

10 February 2025Before Employment Judge MassarellaEast Londonhybrid

Outcome

Partly successful£346

Individual claims

Holiday Paysucceeded

Claim succeeded by consent of the parties. The Respondent agreed to pay £346.21 gross for accrued but untaken holiday, with tax and national insurance to be deducted at source, plus interest at 8% on the net figure.

Victimisation(disability)withdrawn

Issue 21(a) was withdrawn by the Claimant and therefore dismissed.

Direct Discrimination(disability)failed

Issues 4(a) and 4(b) were dismissed as not well-founded. Additionally, the tribunal lacked jurisdiction because the claims were presented out of time and it was not just and equitable to extend time.

Harassment(disability)failed

Issue 15(a) was dismissed as not well-founded. The tribunal also lacked jurisdiction because the claim was presented out of time and it was not just and equitable to extend time.

Failure to Make Reasonable Adjustments(disability)failed

Issue 9(b) was dismissed as not well-founded. The tribunal also lacked jurisdiction because the claim was presented out of time and it was not just and equitable to extend time.

Harassment(disability)failed

Issue 15(b) was dismissed because it was not well-founded on the merits.

Failure to Make Reasonable Adjustments(disability)failed

Issue 9(a) was dismissed because it was not well-founded on the merits.

Facts

The Claimant, a disabled employee of Essex County Council, brought claims of disability discrimination, harassment, failure to make reasonable adjustments, victimisation and holiday pay. The Respondent conceded the Claimant was disabled at all material times. The holiday pay claim was settled by consent for £346.21 gross. The victimisation claim was withdrawn. Multiple discrimination claims failed either on merit or were out of time.

Decision

The tribunal dismissed most claims. Some (Issues 4(a), 4(b), 15(a) and 9(b)) were out of time and the tribunal declined to extend time on just and equitable grounds. Others (Issues 15(b) and 9(a)) failed on the merits. Only the holiday pay claim succeeded, resolved by consent with agreed amount of £346.21 gross plus interest.

Practical note

Even where disability status is conceded, claimants must present claims within time limits and the tribunal will not always extend time, and claims must be proven on their merits.

Award breakdown

Holiday pay£346
Interest£1

Case details

Case number
3200371/2023
Decision date
10 February 2025
Hearing type
full merits
Hearing days
5
Classification
contested

Respondent

Name
Essex County Council
Sector
local government
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
lay rep
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