Claimant v The British Library
Outcome
Individual claims
Respondent applied to strike out the claim as being out of time or having no reasonable prospects of success. The tribunal refused the strike-out application, allowing the claim to proceed to full hearing.
Facts
Lidia Kogut brought a claim against The British Library alleging failure to make reasonable adjustments under disability discrimination legislation. The Respondent applied to strike out the claim on the basis that it was out of time or had no reasonable prospects of success. The hearing took place remotely via CVP with the Claimant appearing in person and the Respondent represented by counsel.
Decision
Employment Judge McGrade refused the Respondent's application to strike out the reasonable adjustments claim. The tribunal found that the claim should not be struck out on the basis of being out of time or having no reasonable prospects of success, allowing it to proceed to a full merits hearing.
Practical note
A preliminary strike-out application on time limit or prospects grounds for a reasonable adjustments claim can be successfully resisted even by an unrepresented claimant.
Case details
- Case number
- 2200123/2023
- Decision date
- 31 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No