Luminate Education Group

Case Summary

Miss Kauser, a Teacher Facilitator, brought claims of victimisation and failure to make reasonable adjustments under the Equality Act 2010 against Luminate Education Group. The tribunal found that the claimant's remaining claims of failure to make reasonable adjustments were presented outside the statutory time limit and dismissed her application to extend the time on a just and equitable basis.

The tribunal found that the claimant failed to meet the burden of proof to show that it was just and equitable to extend the time limit for her claims. The claims were presented more than a year out of time, and despite the claimant meeting the definition of disability, her medical evidence did not demonstrate inability to lodge the claims throughout the period, she had trade union support, had raised a grievance showing awareness of her right to claim, and had family assistance available.

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• •Whether claims of failure to make reasonable adjustments were presented within the statutory time limit under section 123 of the Equality Act 2010
• •Whether the tribunal should exercise its discretion to extend time on a just and equitable basis
• •Whether the claims had any reasonable prospect of success

1 of 4 EMPLOYMENT TRIBUNALS PUBLIC PRELIMINARY HEARING Claimant: Miss Farzana Kauser Respondent: Luminate Education Group Heard at: Leeds Tribunal Hearing Centre (by remote video) On: 2 April 2026 Before: Employment Judge S Shore Appearances For the claimant: In Person For the respondents: Mr S Foster, Solicitor JUDGMEN T AND SUMMARY REASONS JUDGMENT The decision of the Employment Tribunal is that: 1. The Claimant’s claim of victimisation under section 27 of the Equality Act 2010 is dismissed upon withdrawal by the claimant. 2. The Tribunal determines that the Claimant’s remaining claims of failure to make reasonable adjustments under sections 20 and 21 of the Equality Act 2010 were all presented outside the statutory time limit set out in section 123 of the Equality Act 2 of 4 2010 and that the Tribunal should not use its discretion to extend time on the just and equitable basis. All the claimant’s claims are, therefore, struck out as the Tribunal does not have jurisdiction to hear them. 3. Had the Tribunal not determined that the claims should not have been dismissed on the jurisdiction point of time limits, all the claimant’s claims would have been struck out on the basis that they had no reasonable prospect of success because the claimant had no reasonable prospect of meeting the burden of proof on her that time should be extended and the claims had little prospect of success of themselves. SUMMARY REASONS Introduction 1. These Reasons address an application for strike out or deposit made by the Respondent in respect the all the claimant’s remaining claims, which were of victimisation and failure to make reasonable adjustments. 2. During the hearing, the Claimant confirmed that she did not wish to continue with her claim of victimisation, which is dismissed upon withdrawal. 3. I cons…