Cases2502280/2023

Claimant v Secretary of State for Justice

17 January 2025Before Employment Judge AspdenMiddlesbrough and Newcastle

Outcome

Claimant fails

Individual claims

Unfair Dismissalfailed

The tribunal found the complaint of unfair dismissal was not well founded after considering the evidence over 8 hearing days. The dismissal was found to be fair and within the range of reasonable responses available to the respondent as the employer.

Direct Discriminationfailed

The complaint that the respondent discriminated against the claimant when deciding on a disciplinary sanction was found not to be well founded. The tribunal determined the sanction was not imposed for a discriminatory reason.

Otherstruck out

The remaining complaints made under the Equality Act 2010 were struck out because the tribunal did not have jurisdiction to determine them, indicating they were presented outside the statutory time limits.

Facts

Mrs Murray was employed by the Secretary of State for Justice and was dismissed following a disciplinary process. She brought claims for unfair dismissal and discrimination under the Equality Act 2010, arguing the disciplinary sanction was discriminatory. The case was heard over 8 days between November 2024 and January 2025, with the claimant representing herself against counsel for the respondent.

Decision

The tribunal dismissed all of Mrs Murray's claims. The unfair dismissal claim and the discrimination claim relating to the disciplinary sanction were found not to be well founded. The remaining discrimination complaints were struck out for lack of jurisdiction, indicating they were out of time.

Practical note

A self-represented claimant in a public sector dismissal case lost on all grounds, with discrimination claims either failing on merits or being struck out for being out of time, highlighting the importance of meeting time limits and the challenges faced by litigants in person.

Legal authorities cited

Statutes

Equality Act 2010

Case details

Case number
2502280/2023
Decision date
17 January 2025
Hearing type
full merits
Hearing days
8
Classification
contested

Respondent

Name
Secretary of State for Justice
Sector
central government
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No