E.SURV Ltd

Case Summary

This case involves claims of disability discrimination, breach of contract, and unlawful deduction of wages brought by the executor of the deceased claimant, Mr Dean, against his former employer, E.SURV Limited. The disability discrimination claim was struck out as the claimant was found to have no reasonable prospect of persuading the Tribunal that it is just and equitable to extend the time limit. A further public preliminary hearing was scheduled to consider the remaining breach of contract and wages claims.

The disability discrimination claim was struck out because the claimant had no reasonable prospect of persuading the tribunal that the claim was brought in time or that it would be just and equitable to extend the time limit.

• •Whether the claimant has no reasonable prospect of success in persuading the Tribunal that it is just and equitable to extend time for the disability discrimination claim
• •Whether the Tribunal has jurisdiction to consider the breach of contract and unlawful deduction of wages claims

. 1 EMPLOYMENT TRIBUNALS Claimant Respondent Mr Kevan Dean – deceased Represented by Mr William Storey v E.SURV Limited Heard at: Norwich (by CVP) On: 27 January 2026 Before: Employment Judge M Warren Appearances For the Claimant: Mr William Storey, Executor For the Respondent: Ms N Gyane, Counsel RESERVED JUDGMENT on PUBLIC PRELIMINARY HEARING 1. The claim of disability discrimination is struck out under Employment Tribunal Rule 38(1)(a) because the Claimant has no reasonable prospect of success in persuading the Tribunal that it is in time or that it would be just and equitable to extend time. 2. The Case Management Orders of EJ Davey made on 12 November 2025 in relation to preparation for the Final Main Hearing are revoked. 3. The Public Preliminary Hearing on 7 May 2026 shall consider: a. Whether the Claimant’s claims for breach of contract and unlawful deduction of wages should be struck out, either: i. On the grounds that the Tribunal does not have jurisdiction to consider those claims, or ii. The Claimant has no reasonable prospects of success in respect of those claims, or b. Whether a Deposit Order should be made in respect of those claims on the grounds that there is little reasonable prospects of them succeeding . 2 REASONS Background 1. Mr Dean’s employment with the Respondent ended upon his retirement after 26 years’ service, on 31 May 2023. He sadly died on 8 August 2024. These proceedings were issued by his Brother-in-Law, Mr Storey, on 10 January 2025. The claims are of disability discrimination, detriment for having made protected disclosures, breach of contract and unpaid wages in respect of a dispute over share…