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2402546/2023Dismissed

Royal & Sun Alliance Insurance Ltd

29 July 2024Employment TribunalFirst instanceEngland & Wales
GOV.UK

Decision Overview

Case Summary

The Employment Tribunal dismissed Mrs Elaine Scott's claims of unfair dismissal, disability discrimination, sex and age discrimination. The tribunal found no substantial adverse effect on her ability to carry out daily activities due to perimenopause and that the claimant was not treated less favourably than a comparator.

Why this outcome?

Claim not well-founded

The tribunal dismissed the claims after a full hearing on their merits, finding that the claimant had not established a disability (perimenopause did not have a substantial adverse effect on daily activities) and that she had not been treated less favourably than a comparator in relation to the discrimination claims.

Key Issues

  • unfair dismissal
  • disability discrimination (perimenopause)
  • sex and age discrimination

Cited Laws and Legal Issues

Equality Act 2010 section 15Equality Act 2010

Discrimination arising from disability – section 15 Equality Act 2010 4.1 Whether the respondent knew or could reasonably have been expected to know that the claimant had the disability of perimenopause at the material time 17 June 2020 to dismissal on 11 January 2023.

Equality Act 2010 section 26Equality Act 2010

The respondent’s conduct did not have the proscribed affect under section 26 of the Equality Act 2010, the claimant’s claims of harassment fail and are dismissed.

Employment Rights Act 1996 unfair dismissalEmployment Rights Act 1996

The Employment Tribunal dismissed Mrs Elaine Scott's claims of unfair dismissal, disability discrimination, sex and age discrimination.

Equality Act 2010 disability discriminationEquality Act 2010

The Employment Tribunal dismissed Mrs Elaine Scott's claims of unfair dismissal, disability discrimination, sex and age discrimination.

Equality Act 2010 sex / pregnancy discriminationEquality Act 2010

Direct age and/or sex discrimination and disability discrimination – section 13 Equality Act 2010 3.1 What are the facts in relation to: 3.1.1 On 17 June 2022, the lowering of her performance grade from “Excellent”, as graded by Matthew Ahmed, to “Ineffective” when re-gr

Decision Text

RESERVED JUDGMENT Case No. 2402546/2023 1 EMPLOYMENT TRIBUNALS Claimant: Mrs Elaine Scott Respondent: Royal & Sun Alliance Insurance Ltd Heard at: Liverpool (in person) On: 30 April, 1 & 2 May, 15, 16 July & 29 July 2024 (in chambers). Before: Members: Employment Judge Shotter Mr F Crane Mr J Murdie REPRESENTATION: Claimant: In person Respondent: Mr C Kelly, Counsel RESERVED JUDGMENT The unanimous judgment of the Tribunal is that: 1. The amended response dated shall stand as the respondent’s Amended Grounds of Response. 2. The claimant was not disabled with the mental and physical impairment of perimenopause in the relevant period June 2022 to January 2023 in accordance with section 6 of the Equality Act 2010, a Tribunal does not have the jurisdiction to consider her claim for unlawful disability discrimination under section 13, 15, 26 and 27 of the Equality Act 2010 which is dismissed. 3. In the alternative, the claimant’s claim of disability discrimination brought under section 13 of the Equality Act 2010 set out in allegations 3.1.1 was not presented to the Tribunal before the end of the period of 3 months beginning when the act complained of was done (or is treated as done) the last date being the 9 November 2022. ACAS early conciliation commenced on the 10 January 2023, the certificate was issued on the 12 January 2023 and claim form presented on the 10 February 2023. The complaint is out of time and in all the circumstances of the case it is not just and equitable to extend time. RESERVED JUDGMENT Case No. 2402546/2023 2 4. The Tribunal does not have the jurisdiction to consider the complaint which are dismissed. 5. In the alternative, the claimant has not proven facts from which the Tribunal could conclude that in any of those respects the claimant was treated less ...

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Case Facts

Respondent

Royal & Sun Alliance Insurance Ltd

Employer page →View all cases →
Claimant
Mrs E Scott
Case Number
2402546/2023
Tribunal
Employment Tribunal
Level
First instance
Decision Date
29 July 2024
Published
10 June 2025
Jurisdiction
England & Wales
Judge
Employment Judge Shotter
Representation
Litigant in person

Registered Company

Registered company
ROYAL & SUN ALLIANCE INSURANCE PLC
Company number
AC000054
Status
active