Barrett Steel Ltd

Case Summary

The Employment Tribunal did not err in law by not identifying a complaint of discrimination because of something arising in consequence of disability in the claimant's claim.

The tribunal correctly determined that the claimant had not formulated a valid complaint of discrimination arising in consequence of disability within the meaning of the relevant statutory provision, and therefore the tribunal did not err in law by not identifying such a complaint.

• •Whether the Employment Tribunal erred in law in failing to identify a complaint of discrimination because of something arising in consequence of disability in the claimant's claim

Judgment approved by the court for handing down Pepkolaj v Barrett Steel Ltd © EAT 2026 Page 1 [2026] EAT 14 Neutral Citation Number: [2026] EAT 14 Case No: EA-2023-001073-JPD EMPLOYMENT APPEAL TRIBUNAL Rolls Building Fetter Lane, London, EC4A 1NL Date: 22 January 2026 Before: HIS HONOUR JUDGE JAMES TAYLER - - - - - - - - - - - - - - - - - - - - - Between : Mr Besmir Pepkolaj Appellant - and - Barrett Steel Limited Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The Appellant in person Nick Singer (instructed by Walker Morris LLP) for the Respondent Hearing date: 15 January 2026 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment approved by the court for handing down Pepkolaj v Barrett Steel Ltd © EAT 2026 Page 2 [2026] EAT 14 SUMMARY Practice and Procedure The Employment Tribunal did not err in law by not identifying a complaint of discrimination because of something arising in consequence of disability in the claimant’s claim. Judgment approved by the court for handing down Pepkolaj v Barrett Steel Ltd © EAT 2026 Page 3 [2026] EAT 14 HIS HONOUR JUDGE JAMES TAYLER: The issue 1. The issue in the appeal is whether the Employment Tribunal erred in law in failing to identify a complaint of discrimination because of something arising in consequence of disability in an Employment Tribunal claim. The Judgment appealed 2. This is an appeal against the judgment of Employment Judge E Fowell after a hearing on 27 July 2023. Employment Judge Fowell dismissed the claim submitted to the Employment Tribunal on 6 February 2023 because it was presented out of time. Employment Judge Fowell did so on the basis that the sole complaint was one of unfair dismissal. The dismissal of that complaint is not challenged in the appeal. The factual background 3. The respondent is a large steel stockholder with sit…