Mr C Milloy v Telecom Service Centres Ltd (T/a WebHelp UK): 8000042/2023
| Jurisdiction | England & Wales |
| Judgment Date | 29 November 2023 |
| Date | 29 November 2023 |
| Citation | 8000042/2023 |
| Court | Employment Tribunal |
| Published date | 19 December 2023 |
| Subject Matter | Disability Discrimination |
EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No: 8000042/2023
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Preliminary Hearing held in public at Glasgow on 14 August 2023 and
conducted remotely using the Cloud Video Platform (CVP) ; and parties’
further written representations dated 16 and 17 August 2023, considered in
chambers, without the attendance of parties, by private deliberation on 21
August and 22 November 2023
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Employment Judge Ian McPherson
Mr Christopher Milloy Claimant
In Person
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Telecom Service Centres Limited (t/a WebHelp UK) Respondents
Represented by:
Mr Rory Byrom
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Solicitor
JUDGMENT OF THE EMPLOYMENT TRIBUNAL
The reserved judgment of the Employment Tribunal, having heard both parties’
submissions at the CVP Preliminary Hearing, and having then reserved judgment
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to be given later, and having resumed consideration of the case, in private
deliberation in chambers, and there considered parties’ closing submissions on time
bar and the claimant’s opposed application to amend the claim, is as follows:
(1) All discrimination allegations against the respondents, relating to alleged
acts of the respondents in the period of the claimant’s secondment as an
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IT technician, which ended on 25 August 2022, are time-barred, in terms
of Section 123 of the Equality Act 2010, and the Tribunal does not
8000042/2023 Page 2
consider it is just and equitable to allow an extension of time to the
claimant to permit him to proceed with those heads of complaint against
the respondents, alleging discrimination arising from disability, failure to
make reasonable adjustments, and harassment, and so they are all
dismissed as being outwith the Tribunal's jurisdiction.
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(2) In relation to the claimant’s opposed application of 3 July 2023 to amend
the ET1 claim form presented on 30 January 2023, by adding additional
text to include an additional head of complaint of constructive dismissal in
terms of Sections 94 to 98 of the Employment Rights Act 1996, relating
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to his resignation from the respondents’ employment with effect from 14
September 2022, said to be by reason of a final straw of an unfair and
unjust suspension on 13 September 2022, the Tribunal refuses to allow
the amendment sought by the claimant in his amendment application, it
not being in the interests of justice to allow that amendment.
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(3) The Tribunal finds and declares that it was reasonably practicable for the
claimant to have included such a head of complaint, alleging unfair
constructive dismissal, in his ET1 claim form in the present case,
presented on 30 January 2023, as he had included such a head of
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complaint, albeit unparticularised, in his earlier Tribunal claim (case
number 8000035/2023) presented on 26, and rejected by the Tribunal on
30 January 2023.
(4) Further, and, in any event, even if the Tribunal had decided that it was not
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reasonably practicable for him to do so, the further period until 3 July 2023
to make the present application to amend to include such a head of
complaint was not reasonable in all the circumstances.
(5) In these circumstances, the claimant’s whole claim against the
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respondents is dismissed in its entirety, under exception of the
outstanding complaint, in terms of Regulation 30 of the Working Time
Regulations 1998, of the respondents’ alleged failure to pay him holiday
8000042/2023 Page 3
pay accrued but untaken as at the effective date of termination of his
employment on 14 September 2022.
(6) Accordingly, the Tribunal orders that the claimant’s claim for holiday pay,
as the only remaining head of complaint left before the Tribunal, shall
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proceed to a one-hour Final Hearing before any Employment Judge sitting
alone at Glasgow Tribunal Centre, and to be conducted remotely using
the Cloud Video Platform (CVP), on a date to be hereinafter assigned by
the Tribunal, in the proposed listing period of January, February, and
March 2024.
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(7) Further, the Tribunal directs the clerk to the Tribunal to delay issue of
Notices of Final Hearing by CVP from the Tribunal to allow both parties to
discuss further procedure within no more than 14 days from date of
issue of this reserved Judgment, and for the respondents’ solicitor to
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update the Tribunal within that 14-day period.
REASONS
Introduction
1. This case called before me as an Employment Judge sitting alone on
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Monday, 14 August 2023, for a 1-day public Preliminary Hearing to be
conducted remotely using the Cloud Video Platform (CVP), previously
intimated to both parties’ representatives by the Tribunal, by a Notice of
Preliminary Hearing dated 12 July 2023.
2. An earlier CVP Preliminary Hearing, listed on 5 July 2023, for 28 July 2023,
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to determine time-bar as a preliminary issue, was postponed by the Tribunal,
on the claimant’s application, as he was not available that date, on account
of being abroad on holiday, and the case had been listed by the Tribunal for
that date in error. There was no objection to that postponement from the
respondents’ solicitor.
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