Mr C Corker v Berneslai Homes Ltd: 1803053/2023
| Jurisdiction | England & Wales |
| Judgment Date | 15 March 2024 |
| Date | 15 March 2024 |
| Citation | 1803053/2023 |
| Court | Employment Tribunal |
| Published date | 28 March 2024 |
| Subject Matter | Breach of Contract |
Case Number: 1803053/2023
10.5 Reserved judgment with reasons – rule 61 1 March 2017
EMPLOYMENT TRIBUNALS
Claimant:
Mr C Corker
Respondent:
Berneslai Homes Limited
Heard at
Leeds ET On: 15 and 16 February 2024
Before:
Employment Judge Brain
Representation
Claimant:
Mr D Bunting, Counsel
Respondent:
Ms C Widdett, Counsel
RESERVED JUDGMENT
The Judgment of the Employment Tribunal is that:
1. The complaint of unfair dismissal brought pursuant to the Employment Rights Act
1996 fails and stands dismissed.
2. The complaint of wrongful dismissal brought pursuant to the Employment
Tribunal’s Extension of Jurisdiction (England and Wales) Order 1994 fails and
stands dismissed.
REASONS
Introduction and preliminaries
1. At the conclusion of the hearing (late on the afternoon of 16 February 2024) the
Tribunal reserved judgment. Reasons are now given for the judgment that the
Tribunal has reached.
2. Berneslai Homes Limited is an arm’s length management organisation. It was
incorporated in December 2002. It is responsible for managing social housing on
behalf of Barnsley Metropolitan Borough Council. It has a responsibility for
managing over 18,000 properties and providing landlord services to council
tenants in Barnsley.
3. Christopher Corker worked for Berneslai Homes Limited. His principal statement
of written particulars of employment is in the hearing bundle at pages 107 to 112.
This was issued after the claimant obtained a promotion to the position of housing
management officer. We can see from the letter in the bundle at page 113 that
Case Number: 1803053/2023
10.5 Reserved judgment with reasons – rule 61 2 March 2017
this was with effect from 24 October 2016. The claimant held the position of
housing management officer (which the Tribunal shall refer to from time-to-time
as “HMO”) from that date until the end of his employment. The principal
statement of written particulars (at page 108) gives the claimant’s
commencement date as 8 April 2002.
4. The claimant was dismissed from his employment on 14 December 2022. He
was dismissed without notice. The hearing before the Tribunal on 15 and 16
February 2024 was to decide upon the claimant’s complaints of wrongful
dismissal (arising out of the respondent’s decision to terminate the contract of
employment without notice) and unfair dismissal.
5. This case benefited from a case management preliminary hearing which came
before Employment Judge Jones on 2 August 2023. He identified that (in addition
to the complaints of unfair dismissal and wrongful dismissal) the claimant was
pursuing claims under the Equality Act 2010 and a claim for holiday pay.
Employment Judge Jones gave case management directions.
6. The matter returned to the Tribunal on 27 October 2023 at a public preliminary
hearing. This came before Employment Judge Ayre. The hearing had been listed
by Employment Judge Jones to:
6.1. Determine whether the claimant was at the material time a disabled person
for the purposes of section 6 of the Equality Act 2010.
6.2. Consider the claims and issues following the provision of further
information and an amended response.
6.3. Consider whether any complaint or allegation should be struck out or made
the subject of a deposit order.
7. In the event, counsel instructed by the claimant at that hearing (who did not
appear at this final hearing) confirmed that the Equality Act 2010 complaints and
the holiday pay claim were withdrawn. Employment Judge Ayre promulgated a
judgment dismissing those complaints following withdrawal. This left the unfair
dismissal and wrongful dismissal claims for determination.
8. The following were called to give evidence on behalf of the respondent:
8.1. Katherine Allott-Stevens. She is head of estates at Berneslai Homes
Limited. She (together with Tony Griffiths, one of the two housing
management group managers) investigated the issues which arose out of
the claimant’s conduct and presented the management’s case at the
subsequent disciplinary hearing.
8.2. Kulvinder Sihota. She is interim executive director of core services for
Berneslai Homes Limited. She chaired the disciplinary panel following
which the claimant was dismissed.
8.3. David Fullen. He is an executive director of customer and estate services
for Berneslai Homes Limited. He was a member of the panel which heard
the claimant’s appeal against dismissal.
9. The Tribunal also heard evidence from the claimant.
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