Cases→2500210/2024

Claimant v Asda Stores Limited

22 January 2025Before Employment Judge SweeneyNewcastle

Outcome

Claimant fails

Individual claims

Harassment(disability)failed

The tribunal found that the complaints of harassment related to disability in respect of the conduct of Phil Kinsella, Lee Charlton and Richard Garside were not well-founded on the facts and merits of the case.

Direct Discrimination(disability)failed

The tribunal found that the complaints of direct disability discrimination in respect of the conduct of Phil Kinsella, Lee Charlton and Richard Garside were not well-founded on the facts and merits of the case.

Harassment(disability)struck out

The complaints against Glenn Miller and Dom Chawla were dismissed as they were not brought within 3 months of the acts complained of, and the tribunal did not consider it just and equitable to extend time.

Direct Discrimination(disability)struck out

The complaints against Glenn Miller and Dom Chawla were dismissed as they were not brought within 3 months of the acts complained of, and the tribunal did not consider it just and equitable to extend time.

Facts

The claimant, Sophie Blench, brought claims of harassment and direct disability discrimination against her employer Asda Stores Limited. The claims related to the conduct of five named individuals: Phil Kinsella, Lee Charlton, Richard Garside, Glenn Miller and Dom Chawla. The case was heard over two days before a full tribunal panel.

Decision

The tribunal dismissed all claims. The claims against Phil Kinsella, Lee Charlton and Richard Garside were dismissed on their merits as not well-founded. The claims against Glenn Miller and Dom Chawla were dismissed on time limit grounds, as they were not brought within three months and the tribunal did not extend time on just and equitable grounds.

Practical note

Self-represented claimants in disability discrimination cases must ensure claims are brought within strict time limits and against the correct individuals, as tribunals may dismiss claims both on time limit grounds and on substantive merits.

Legal authorities cited

Statutes

Equality Act 2010

Case details

Case number
2500210/2024
Decision date
22 January 2025
Hearing type
full merits
Hearing days
2
Classification
contested

Respondent

Name
Asda Stores Limited
Sector
retail
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No
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