2400813/2024Dismissed

Amey Services Ltd

v Mr JG McCormick

5 September 2024·Employment Tribunal·England & Wales·Employment Judge Thompson

Respondent

Amey Services Ltd

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Decision date

5 September 2024

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Thompson

Case Summary

The claimant was employed as an LGV driver and brought a claim for disability discrimination, which was dismissed under Rule 47 for non-attendance and failure to comply with the order to provide a disability impact statement.

Why this outcome?

Non-compliance with orders

The claimant failed to attend the hearing and did not comply with the tribunal's order to provide a disability impact statement, leading to dismissal under Rule 47.

Key Issues

  • whether the claimant was disabled within the meaning of section 6 of the Equality Act 2010

Decision Text

Full PDF

Case No 2400813/24 1 EMPLOYMENT TRIBUNALS Claimant: Mr JG McCormick Respondent: Amey Services Limited Heard at: Manchester Employment Tribunal On: 4 th September 2024 Before: Employment Judge Thompson (sitting alone) REPRESENTATION: Claimant: No attendance Respondent: Ms McGuire, solicitor JUDGMENT Employment Tribunals Rules of Procedure 2013 – Rule 47 The Claimant’s claim is dismissed under Rule 47. REASONS 1. The Claimant was employed by the Respondent as an LGV driver from April 2013 until he resigned on 22 nd May 2024. By way of an ET1 received on 7 th February 2024, he claims disability discrimination and other payments. 2. The matter was listed for a hearing on 21 st May 2024 before Employment Judge Ainscough. The Claimant was in attendance at that hearing. He clarified that his claim was for discrimination arising from disability. There is Case No 2400813/24 2 no explicit mention of the claim for other payments in the order but it is recorded that the only claim is the disability discrimination claim and Ms McGuire (who attended the earlier hearing) confirmed today that the Claimant indicated that he was not pursuing any claim for other payments. 3. Employment Judge Ainscough gave directions leading to a final hearing in January 2025. In addition, she gave directions leading to a preliminary hearing in relation to the issue of whether the Claimant was disabled within the meaning of section 6 of the Equlaity Act 2010. The Claimant was ordered to provide medical records and a disability impact statement. The matter was also listed for a hearing today (4 th September 2024) to deal with the preliminary issue. 4. The Claimant complied with the order to an extent insofar as he did provide

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