Miss G Sinclair v Sensee Ltd: 4102860/2022
| Jurisdiction | England & Wales |
| Court | Employment Tribunal |
| Judgment Date | 13 April 2023 |
| Citation | 4102860/2022 |
| Date | 13 April 2023 |
| Subject Matter | Disability Discrimination |
EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No: 4102860/2022 (V)
Held in Glasgow on 23 January 2023
(Preliminary Hearing in public and conducted remotely by Cloud Video
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Platform)
Employment Judge Ian McPherson
Miss Gillian Sinclair Claimant
In Person
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Sensee Limited Respondents
Represented by:
Ms Priya Cunningham -
Trainee Solicitor
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JUDGMENT OF THE EMPLOYMENT TRIBUNAL
The reserved Judgment of the Employment Tribunal, having heard from the claimant
in person, and the respondents’ representative, at this Preliminary Hearing, and
having thereafter considered, in private deliberation in chambers, both parties’
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written and oral submissions, is that:
(1) The claimant’s then lay representative, having, at the third telephone
conference call Case Management Preliminary Hearing in this case, held on
5 December 2022, before Employment Judge Amanda Jones, withdrawn the
claimant’s complaints of alleged breach of Section 3(1) of the Health and
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Safety at Work Act 1974, and alleged breach of the data protection
provisions of the General Data Protection Rights (“GDPR”), as it was
accepted that the Tribunal does not have jurisdiction to consider such claims,
the Tribunal notes and records that those heads of complaint, having been
withdrawn by the claimant in terms of Rule 51 of the Employment Tribunal
30
Rules of Procedure 2013, are now formally dismissed by the Tribunal in
terms of its powers under Rule 52.
4102860/2022 (V) Page 2
(2) Having considered both parties’ submissions as advanced by them at this
Preliminary Hearing, the Tribunal finds that the claimant’s complaints against
the respondents, as specified in her ET1 claim form, presented on 19 May
2022, as later augmented by her further and better particulars, were
presented out of time, and that it is not just and equitable, in terms of Section
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123 of the Equality Act 2010, to extend the time for bringing her claim against
the respondents.
(3) Further, and in any event, the Tribunal grants the respondents’ opposed
application to strike out the entire claim as having no reasonable prospects of
success, in terms of Rule 37(1) of the Employment Tribunal Rules of
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Procedure 2013, and so dismisses the claim against the respondents in its
entirety.
(4) In these circumstances, the Tribunal finds it unnecessary to consider the
respondents’ opposed application for the claimant to pay a deposit order, in
terms of Rule 39 of the Employment Tribunal Rules of Procedure 2013,
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as a condition of continuing to advance her allegation of unlawful disability
discrimination against her by the respondents.
REASONS
Introduction
(1) This case first called before me as an Employment Judge sitting alone at the
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Glasgow Employment Tribunal for a one-day public Preliminary Hearing by
CVP on Monday, 23 January 2023, further to Notice of Preliminary Hearing
issued by the Tribunal to both parties on 7 December 2022, as set down by
Employment Judge Amanda Jones at a telephone conference call Case
Management Preliminary Hearing held before her on 5 December 2022.
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(2) The case was listed to consider whether the claim should be struck out under
Rule 37 of the Employment Tribunal Rules of Procedure 2013 on the
grounds that it has no reasonable prospects of success, and also to consider
whether a Deposit Order should be made under Rule 39.
4102860/2022 (V) Page 3
(3) Only recently have I managed to complete my private deliberation in
chambers, and progress to issue of this my finalised Judgment, and for the
resultant delay, I again apologise to both parties, further to the written apology
previously issued by the Tribunal, on my behalf.
Claim and Response
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(4) On 19 May 2022, following ACAS early conciliation between 1 and 22 April
2022, the claimant, acting through her then representative, Catherine
McLean, presented her ET1 claim form against the respondents, complaining
of discrimination on the grounds of disability, arising from the termination of
her employment on 18 November 2021.
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(5) Although the claim appeared to have been presented outwith the 3-month
statutory period for making a claim, the claim was accepted out of time by the
Tribunal administration, and served on the respondents on 23 May 2022,
requiring an ET3 response by 27 June 2022, and the case was listed for a
telephone conference call Case Management Preliminary Hearing on 18 July
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2022. Parties were advised that the Tribunal would have to decide, as a
preliminary issue, whether the claim should be allowed to proceed.
(6) Thereafter, on 17 June 2022, an ET3 response was lodged on behalf of the
respondents by their then solicitor, Mrs Balbir Bird, from Rradar solicitors,
Birmingham, defending the claim. That response was accepted by the
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Tribunal, on 20 June 2022, and, following Initial Consideration by Employment
Judge David Hoey, on 21 June 2022, he instructed that the case proceed to
the listed telephone conference call Case Management Preliminary Hearing
on 18 July 2022.
Earlier Preliminary Hearings and Case Management
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(7) On 18 July 2022, the case first called before Employment Judge Peter
O’Donnell, for a private, Case Management Preliminary Hearing, conducted
remotely, by telephone conference call, where the claimant was represented
by Ms McLean, while the respondents were represented by Mr Perry, counsel.
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