Claimant v Marks and Spencer PLC

Not determined at this preliminary hearing. Claim was within the primary three month time limit. Merits to be determined at full hearing.

Tribunal unable to determine time limits without hearing all evidence regarding whether acts formed a continuing course of conduct. Some allegations had little reasonable prospect (paragraphs 3.2.1, 3.2.2, 3.2.4) leading to deposit orders. Merits to be determined at full hearing.

Same allegations as direct race discrimination. Tribunal found allegations at paragraphs 3.2.1, 3.2.2 and 3.2.4 had little reasonable prospect of success. Allegations at 3.2.3 and 3.2.5 to proceed to full hearing.

Tribunal found the Claimant was not disabled at the material time (May 2023). No evidence provided of substantial long-term adverse effect on day-to-day activities at the relevant time. Claimant did not provide full medical records or oral evidence on effect on daily activities despite opportunities to do so. Claim dismissed.

Tribunal found the Claimant was not disabled at the material time. Without establishing disability as a threshold issue, the harassment related to disability claim could not succeed. Claim dismissed.

Tribunal found the Claimant was not disabled for the purposes of section 6 of the Equality Act 2010 at the material time (May 2023). Claimant failed to discharge burden of proof regarding substantial long-term effect on day-to-day activities. Claim dismissed.