Dr D Wickins-Drazilova v University of Dundee

EMPLOYMENT TRIBUNALS (SCOTLAND) 5 Case No: 4100892/2022 Final Hearing held in Dundee on 20 – 23 March 2023, 11 – 14, 17 – 21 and 24 - 25 July 2023, 30 October - 3 November 2023 and 10 13 November 2023 Employment Judge A Kemp Tribunal Member P Fallow Tribunal Member J Lindsay 15 Dr Dita Wickins-Drazilova Claimant Represented by: Mr L G Cunningham, 20 Advocate Instructed by: Ms A Peat, Solicitor ...

35 JUDGMENT OF THE EMPLOYMENT TRIBUNAL The unanimous decision of the Tribunal is that (i) the Tribunal does not have jurisdiction to consider the claims under the Equality Act 2010, save for an allegation of breach of sections 26 and 40 of that Act in respect of a failure to address a 40 grievance intimated by the claimant on 31 August 2021;

E.T. Z4 (WR) 4100892/2022 Page 2 (ii) the said claim for breach of sections 26 and 40 of the Equality Act 2010 in respect of a grievance intimated by the claimant on 31 August 2021 does not succeed; (iii) there was no dismissal under section 95(1)(c) of the Employment 5 Rights Act 1996; and the Claim is accordingly dismissed.

REASONS Introduction 10 1. This was a Final Hearing into claims for constructive unfair dismissal under section 95 of the Employment Rights Act 1996, and discrimination under sections 13, 15, 19, 20, 21, 26 and 27 of the Equality Act 2010 on the protected characteristics of sex, race and disability. The claimant in the Claim Form had also referred to protected characteristics of pregnancy 15 an...

2. The claims are all defended, and issues of jurisdiction were reserved to this hearing. The respondent accepts however that the claimant was a 20 disabled person and that it had knowledge of that disability on and after 13 August 2018. In submission the claimant accepted that that was the appropriate date, subject to a minor correction to 17 August 2018.