Rooney v Leicester City Council EA-2020-000070-DA; EA- 2021-000256-DA

Appeal against the strike out of discrimination claims brought by the Claimant and a finding that the Claimant was not a disabled person; and the rejection of the Claimant’s application to amend her claim form to claim detriment done on the grounds of having made protected disclosures. Appeals allowed.

The Claimant made claims of sex discrimination & disability discrimination due to her severe menopausal symptoms and constructive unfair dismissal, non-payment of holiday pay and seeking outstanding expenses, unpaid overtime and reimbursement of university fees. She also applied to to amend her claim of protected disclosure detriment. These claims were dismissed at the ET and the Claimant appealed.

The EAT allowed the appeal in all respects. The ET erred in law in holding that the Claimant was not a disabled person. The ET erred in law in striking out the Claimant’s discrimination claims without adequately analysing them, and gave insufficient reasons with the result that the Claimant could not know why the claims had been struck out. The ET erred in refusing the Claimant’s application to amend the claim of protected disclosure detriment, principally on the ground that such a claim would be out of time, without giving any consideration to the Claimant’s explanation for the delay in making the application. The claim was remitted to the ET.

Published: 19/10/2021 09:23

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