Cases1303015/2023

Claimant v National Highways Limited

8 January 2025Before Employment Judge CampMidlands Weston papers

Outcome

Other

Individual claims

Direct Discrimination(disability)withdrawn

Withdrawn by claimant on 11 October 2024 without prejudice to the rest of the claim and dismissed upon withdrawal under rules 51 and 52 of the Employment Tribunals Rules of Procedure.

Direct Discrimination(age)withdrawn

Withdrawn by claimant on 11 October 2024 (specifically the retirement comment allegation) without prejudice to the rest of the claim and dismissed upon withdrawal.

Indirect Discrimination(disability)withdrawn

Section 15 disability discrimination allegations (including cost of living pay increase, insurance procurement timing, coercion to deployment register, retirement comment, team move, and September salary) were withdrawn on 11 October 2024 and dismissed upon withdrawal.

Failure to Make Reasonable Adjustments(disability)withdrawn

Multiple reasonable adjustment claims withdrawn on 11 October 2024 including working fewer hours, 2nd PCP, 2nd S/D, failing to support after verbal attack, retaining recording, OH referral, and September salary matters. Dismissed upon withdrawal.

Harassment(disability)withdrawn

All harassment related to disability complaints withdrawn by claimant on 11 October 2024 and dismissed upon withdrawal.

Harassment(age)withdrawn

Harassment related to age (retirement comment) withdrawn by claimant on 11 October 2024 and dismissed upon withdrawal.

Victimisationwithdrawn

Multiple victimisation complaints withdrawn on 11 October 2024 including breach of data protection, 4 week review, unfairly assessing performance, placing on PIP, 2nd P/A, deleting recording, insurance procurement timing, coercion to deployment register, retirement comment, and team move. Dismissed upon withdrawal.

Facts

The claimant brought claims against National Highways Limited under two case numbers (1303015/2023 and 1303416/2023) alleging disability and age discrimination, failure to make reasonable adjustments, harassment, and victimisation. The claims involved allegations relating to performance management, pay issues, team moves, data protection breaches, and retirement comments among other matters.

Decision

A consent order was issued whereby the claimant withdrew multiple specified complaints from her claims on 11 October 2024 without prejudice to the rest of her claim. These withdrawn complaints were dismissed upon withdrawal in accordance with rules 51 and 52 of the Employment Tribunals Rules of Procedure.

Practical note

Parties can streamline multi-complaint discrimination cases by agreeing to withdraw specific allegations by consent order without prejudice to remaining claims, allowing the tribunal to focus on core issues.

Case details

Case number
1303015/2023
Decision date
8 January 2025
Hearing type
dismissal on withdrawal
Hearing days
Classification
procedural

Respondent

Sector
public sector
Represented
Yes

Claimant representation

Represented
Yes