Claimant v HM Revenue & Customs
Outcome
Individual claims
Claims under allegations 4.1.1, 4.1.2 and 4.1.3 were withdrawn by the claimant during the hearing.
Claims under allegations 4.1.1, 4.1.2 and 4.1.3 were withdrawn by the claimant during the hearing.
Claims in allegations 4.1.4, 4.1.5, 4.1.6, 4.1.7, 4.1.8, 4.1.9, 5.2.1, 5.2.2, 5.2.3 and 5.2.4 were out of time (last act 18 July 2022, claim filed 21 December 2022). Tribunal found it was not just and equitable to extend time and dismissed for lack of jurisdiction.
Claims in allegations 4.1.4, 4.1.5, 4.1.6, 4.1.7, 4.1.8, 4.1.9, 5.2.1, 5.2.2, 5.2.3 and 5.2.4 were out of time (last act 18 July 2022, claim filed 21 December 2022). Tribunal found it was not just and equitable to extend time and dismissed for lack of jurisdiction.
In the alternative, for allegations 4.1.4, 4.1.6, 4.1.7, 4.1.8, 4.1.9, 5.2.2, 5.2.3 and 5.2.4, the tribunal found the respondent's conduct did not have the proscribed effect under section 26 of the Equality Act 2010.
In the alternative, for allegations 4.1.4, 4.1.6, 4.1.7, 4.1.8, 4.1.9, 5.2.2, 5.2.3 and 5.2.4, the tribunal found the respondent's conduct did not have the proscribed effect under section 27 of the Equality Act 2010.
For allegations 4.1.10, 4.1.11, 4.1.12, 4.1.13, 5.2.5 and 5.2.6, the tribunal found the respondent's conduct did not have the proscribed effect under section 26 of the Equality Act 2010.
For allegations 4.1.10, 4.1.11, 4.1.12, 4.1.13, 5.2.5 and 5.2.6, the tribunal found the respondent's conduct did not have the proscribed effect under section 27 of the Equality Act 2010.
The tribunal found that the respondent was not in breach of its duty to make reasonable adjustments under sections 20-21 of the Equality Act 2010 and dismissed the claim.
Facts
The claimant, a disabled employee of HMRC, brought multiple claims of disability discrimination including harassment, victimisation and failure to make reasonable adjustments. The claimant withdrew three initial allegations. The majority of the remaining claims related to events before 18 July 2022 but the claim was not filed until 21 December 2022 following ACAS early conciliation. The claimant represented himself at a six-day full merits hearing.
Decision
The tribunal dismissed all claims. Most claims were struck out as out of time, with the tribunal finding it was not just and equitable to extend time. For the remaining in-time claims and as an alternative for out-of-time claims, the tribunal found the respondent's conduct did not have the proscribed effect under the Equality Act 2010 for harassment and victimisation, and found no breach of the duty to make reasonable adjustments.
Practical note
A self-represented claimant bringing disability discrimination claims against HMRC failed on all grounds due to a combination of time-bar issues and the tribunal finding the conduct complained of did not meet the legal thresholds for harassment, victimisation or failure to make reasonable adjustments.
Legal authorities cited
Statutes
Case details
- Case number
- 2410176/2022
- Decision date
- 24 January 2025
- Hearing type
- full merits
- Hearing days
- 6
- Classification
- contested
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No