Barts Health NHS Trust

Case Summary

The claimant's direct disability discrimination claim at Issue 20 succeeded, while claims at Issues 1-6 and 23-24 were dismissed as presented out of time. Claims at Issues 10, 11, 13, 14, and 15 were dismissed on withdrawal, and the remaining direct disability discrimination claims were not well-founded and dismissed.

The claimant's claims at Issues 1-6 and 23-24 were presented out of time and therefore dismissed as barred by the applicable statutory time limit. The remaining claims (Issues 10, 11, 13, 14, and 15) were withdrawn, and the other disability discrimination claims were not well-founded on the merits.

• •failure to deal with grievance without unreasonable delay

1 EMPLOYMENT TRIBUNALS Claimant: Ms J. Burns Respondent: Barts Health NHS Trust Heard at: East London Hearing Centre On: 19-22 and 27 May 2025; and 17 June 2025 (in chambers); and 18 June 2025 (for oral judgment) Before: Employment Judge Massarella Representation Claimant: In person Respondent: Ms H. Patterson (Counsel) JUDGMENT The judgment of the Tribunal is that: - 1. the Claimant’s claim of direct disability discrimination at Issue 20, relating to the Respondent’s failure to deal with her grievance without unreasonable delay, succeeds; 2. the claims of direct disability discrimination at Issues 1-6, and the claims of failure to make reasonable adjustments at Issues 23 and 24, were presented out of time and it is not just and equitable to extend time; the Tribunal lacks jurisdiction to hear them, and they are dismissed; 3. the claims of direct disability discrimination at Issues 10, 11, 13, 14 and 15 are dismissed on withdrawal; 4. the remaining claims of direct disability discrimination are not well- founded and are dismissed; 2 5. unless they are able to resolve the matter of remedy by agreement, the parties shall write to the Tribunal no later than 28 days from the date on which this judgment is sent to them, providing their available dates and proposed directions for a one-day remedy hearing. ____________________________ Employment Judge Massarella Date: 18 June 2025 Notes Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Public access to employment tribunal decisions Judgments and reasons for the judgments are published, in full, online at www.gov.uk…