Whitburn v Royal Devon & Exeter NHS Foundation Trust (Disability Discrimination) [2015] UKEAT 0188_15_3010 (30 October 2015)

Whitburn v Royal Devon & Exeter NHS Foundation Trust (Disability Discrimination) [2015] UKEAT 0188_15_3010 (30 October 2015)

Employment Judge failed to adequately distinguish between tests for striking out and time bar; allegation 4 properly struck out as no viable cause of action pre-Equality Act 2010; allegation 5 restored in part as indirect discrimination claim under Disability Discrimination Act 1995; allegation 6 restored as harassment claim; deposit orders for allegations 19, 21, 26, and 31 upheld as Employment Judge applied correct test for little reasonable prospect of success.

Citation
[2015] UKEAT 0188_15_3010
Parties
Appellant: Pamela Whitburn; Respondent: Royal Devon & Exeter NHS Trust
Jurisdiction
United Kingdom
Judgment Date
30 October 2015
Procedural Posture
Employment Appeal / Appeal Against Preliminary Orders (strike Out and Deposit Orders)
Outcome
Appeal allowed in part, dismissed in part.
Legal Topics
Disability Discrimination, Direct Discrimination, Indirect Discrimination, Harassment, Victimisation, Reasonable Adjustments, Time Limits
Employment Law Equality Law Disability Discrimination Direct Discrimination Indirect Discrimination Harassment Victimisation Reasonable Adjustments +1 more

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Parties

Pamela Whitburn

Appellant

Royal Devon & Exeter NHS Trust

Respondent

Procedural Posture

Employment Appeal / Appeal Against Preliminary Orders (strike Out and Deposit Orders)

Legal Issues

  1. 1 Whether allegations 4, 5, and 6 were properly struck out as out of time or lacking reasonable prospect of success
  2. 2 Whether deposit orders for allegations 19, 21, 26, and 31 were correctly imposed

Ratio Decidendi

Employment Judge failed to adequately distinguish between tests for striking out and time bar; allegation 4 properly struck out as no viable cause of action pre-Equality Act 2010; allegation 5 restored in part as indirect discrimination claim under Disability Discrimination Act 1995; allegation 6 restored as harassment claim; deposit orders for allegations 19, 21, 26, and 31 upheld as Employment Judge applied correct test for little reasonable prospect of success.

Court Disposition

Appeal allowed in part, dismissed in part.

Orders

  • Allegation 4 remains struck out.
  • Allegation 5 restored in part as indirect discrimination claim.