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[2026] EAT 14Respondent Successful

Barrett Steel Ltd

22 January 2026England & WalesEmployment Judge His Honour Judge James Tayler
GOV.UK

Case Summary

The Employment Tribunal did not err in law by not identifying a complaint of discrimination because of something arising in consequence of disability in the claimant's claim.

Key Issues

  • Whether the Employment Tribunal erred in law in failing to identify a complaint of discrimination because of something arising in consequence of disability in the claimant's claim

Claim Types

Cited Laws and Legal Issues

Employment Rights Act 1996 unfair dismissalEmployment Rights Act 1996

did so on the basis that the sole complaint was one of unfair dismissal. The dismissal of that complaint is not challenged in

Equality Act 2010 disability discriminationEquality Act 2010

ck the box to state that he was bringing a complaint of disability discrimination. At section 8.2 the claimant stated: I was dismissed

Protected disclosures / whistleblowingEmployment Rights Act 1996

referred to unfair dismissal, asserted that he had made protected disclosures, but did not refer to disability. The decision of th

Decision Text

Judgment approved by the court for handing down Pepkolaj v Barrett Steel Ltd © EAT 2026 Page 1 [2026] EAT 14 Neutral Citation Number: [2026] EAT 14 Case No: EA-2023-001073-JPD EMPLOYMENT APPEAL TRIBUNAL Rolls Building Fetter Lane, London, EC4A 1NL Date: 22 January 2026 Before: HIS HONOUR JUDGE JAMES TAYLER - - - - - - - - - - - - - - - - - - - - - Between : Mr Besmir Pepkolaj Appellant - and - Barrett Steel Limited Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The Appellant in person Nick Singer (instructed by Walker Morris LLP) for the Respondent Hearing date: 15 January 2026 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment approved by the court for handing down Pepkolaj v Barrett Steel Ltd © EAT 2026 Page 2 [2026] EAT 14 SUMMARY Practice and Procedure The Employment Tribunal did not err in law by not identifying a complaint of discrimination because of something arising in consequence of disability in the claimant’s claim. Judgment approved by the court for handing down Pepkolaj v Barrett Steel Ltd © EAT 2026 Page 3 [2026] EAT 14 HIS HONOUR JUDGE JAMES TAYLER: The issue 1. The issue in the appeal is whether the Employment Tribunal erred in law in failing to identify a complaint of discrimination because of something arising in consequence of disability in an Employment Tribunal claim. The Judgment appealed 2. This is an appeal against the judgment of Employment Judge E Fowell after a hearing on 27 July 2023. Employment Judge Fowell dismissed the claim submitted to the Employment Tribunal on 6 February 2023 because it was presented out of time. Employment Judge Fowell did so on the basis that the sole complaint was one of unfair dismissal. The dismissal of that complaint is not challenged in the appeal. The factual background 3. The respondent is a large steel stockholder with sit...

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Employer

Respondent

Barrett Steel Ltd

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Case Details

Case Number
[2026] EAT 14
Tribunal
Employment Appeal Tribunal
Level
Appeal
Decision Date
22/01/2026
Published
22/01/2026
Jurisdiction
England & Wales
Judge
Employment Judge His Honour Judge James Tayler