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Mrs M Temporal v Home Start Falkirk Ltd

4108555/2022 and 4104300/2023

Decision date
21 Feb 2024
Published
12 Mar 2024
Country
Scotland
Source
GOV.UK
Disability Discrimination

Judgment PDF (98 pages · 363 chunks)

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EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4108555/2022 and 4104300/2023 5 Held in Glasgow on 4, 5, 6, 7, 8, 11 and 21 December 2023 Employment Judge L Wiseman Members L Brown & J Burnett 10 Mrs Marie Temporal Claimant Represented by: Ms E Matheson - 15 Solicitor Home Start Falkirk Ltd Respondent Represented by: 20 Ms C Maher - Solicitor
JUDGMENT OF THE EMPLOYMENT TRIBUNAL The unanimous decision of the tribunal was to dismiss the claim. 25 The tribunal also decided the alleged acts or omissions occurring prior to the 20 July 2022 in claim number 4108555/2022, and prior to the 15 May 2023 in claim number 4104300/2023 were timebarred.
REASONS Introduction 30 1. The claimant presented the first claim (4108555/2022) to the Employment Tribunal on the 29 December 2022. In that claim the claimant complained of disability discrimination and brought complaints of direct discrimination, discrimination arising from disability, indirect discrimination, failure to make reasonable adjustments and harassment. 4108555/2022 & 4104300/2023 ...
2. The claimant presented the second claim (4104300/2023) on the 14 August 2023, in which she complained of constructive unfair dismissal and victimisation.
3. The tribunal heard evidence from the claimant; Ms Erin Brooks, a colleague; 5 Ms Pamela Cardwell, a colleague; Ms Sandra Rankin, Manager of the respondent; Ms Anne Hemfrey, Chair of the Board of Trustees of the respondent; Ms Karen McGill, HR Consultant and Ms Heather Gibson, Paediatric Staff Nurse who is a volunteer trustee with the respondent.

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