Mr F Zishaan v NCR Corporation and others: 2201437/2020

Judgment Date31 July 2020
Citation2201437/2020
Date31 July 2020
Published date07 August 2020
CourtEmployment Tribunal
Subject MatterUnfair Dismissal
Case number: 2201437/2020
1
EMPLOYMENT TRIBUNALS
Claimant Respondents
Mr F Zishaan AND 1. NCR Corporation
2. NCR Limited
3. James Bedore
4. Evan Glover
Heard at: London Central On: 28 July 2020
Before: Employment Judge Brown
Representation
For the Claimant: Ms C McCann, Counsel
For the Respondent: Ms M-Y Shiu ,Counsel
JUDGMENT AT A PRELIMINARY HEARING
The judgment of the Tribunal is that:
1. Permission to serve out of the jurisdiction on the First, Third and Fourth
Respondent is not required.
2. The claim has come to the attention of the First, Third and Fourth
Respondents in any event and, if permission to serve out of the
jurisdiction ie required, the claim shall be treated as having already been
delivered to those Respondents in accordance with r91 ET Rules of
Procedure 2013.
3. The ACAS Certificates were obtained in accordance with the prescribed
requirements of the Early Conciliation Scheme.
4. The ET1 should not have been rejected; the correct addresses for the
First, Third and Fourth Respondents were contained in it.
5. The ET1 contained Early Conciliation numbers and should not be
rejected.
Case number: 2201437/2020
2
REASONS
The Claim and the Respondents
1. By a claim form presented on 6 March 2020 the Claimant brought complaints of
constructive ordinary unfair dismissal (sections 95(1)(c) and 98(4) of the
Employment Rights Act 1996), protected disclosure automatically unfair dismissal
(s103A ERA 1996) and Regulation 7(1) TUPE 2006 automatic unfair dismissal,
protected disclosure detriment (ss43B & 47 ERA 1996) and breach of Article 38(3)
Regulation (EU) 2016/6789, General Data Protection Regulation, as enacted by
the Data Protection Act 2018, against the Respondents.
2. The Claimant was employed by the Second Respondent, a UK company.
3. The Claimant also contends that he was employed by the First Respondent,
which is the parent company of NCR UK Group Limited, which in turn is the
holding company for the Second Respondent. The First Respondent is a US
corporation incorporated in Maryland in the USA and headquartered in Atlanta,
Georgia, USA. The Third Respondent is James Bedore, Executive Vice
President, General Counsel and Secretary to the First Respondent. The Fourth
Respondent was the Claimant’s line manager is the Law President, Chief Counsel
of Software and Services and, since October 2018, the Chief Privacy Officer of
the First Respondent. The Third and Fourth Respondents are not resident,
domiciled or otherwise present in the United Kingdom. They are resident in the
USA.
4. The Claimant alleges that the First Respondent is an employer for the purposes
of s43K(2) ERA 1996 and that the Third and Fourth Respondents are other
workers of the First Respondent (as the Claimant’s employer), pursuant to
s47B(1A) ERA 1996. The Claimant contends, for these purposes, that: the Third
and Fourth Respondent were responsible for the Claimant’s work duties; the First
Respondent operated an annual incentive scheme applicable to the Claimant,
which depended on the Claimant and the Third Respondent’s performance; the
Claimant’s individual appraisal process and annual performance review were
managed by the Fourth Respondent; the Claimant was required to adhere to the
First Respondent’s Code of Conduct which created contractual obligations; and
that he was required to required to make protected disclosures through the First
Respondent’s ethics and compliance office.
5. The Respondents contend that the Claimant required permission to serve the
First, Third and Fourth Respondents out of the jurisdiction, which the Claimant
did not obtain. They also contend that there were defects in the ACAS EC process
and certificates and that the Tribunal should not have accepted the Claimant’s
claims.
Open Preliminary Hearing
6. This Open Preliminary Hearing was listed to determine the following issues:

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