EAT JURISDICTIONAL POINTS
Worker, employee or neither
Agency relationships
Claim in time and effective date of termination
Extension of time: just and equitable
DISABILITY DISCRIMINATION – Reasonable adjustments
HARASSMENT – Conduct
PRACTICE AND PROCEDURE
Amendment
Case management
This is judgment on a preliminary hearing. The appeal had no prospect of success. The Employment Judge considered preliminary issues relating to claims under the Disability Discrimination Act 1995 by a Britain’s Got Talent contestant. The Employment Judge did not err in holding that the claims were presented out of time and that it was not just and equitable to extend time for their presentation. Metropolitan Police Commissioner v Hendricks and British Coal v Keeble were correctly applied. Further, the Employment Judge did not err in holding that none of the Respondents was acting in a capacity which brought them within the scope of the DDA. As for the complaint that the First Respondents failed to make reasonable adjustments for the Complainant’s audition, the Employment Judge was entitled to hold that they were unaware that any adjustments may be needed. In relation to the complaint that the Respondents harassed the Claimant within the meaning of the DDA by posting footage of the audition for Britain’s Got Talent on YouTube or doing so without posting and linking it to her better performance for Britain’s Got More Talent the Employment Judge did not err in holding that the evidence did not support a contention that any of the acts complained of were carried out for a reason related to the Claimant’s disability. The Amended Notice of Appeal contained no arguable grounds. The appeal was dismissed at a preliminary hearing.
Judges:
Slade J
Citations:
[2011] UKEAT 0606 – 10 – 1210
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 04 October 2022; Ref: scu.450262