Ms E Lad v Cavendish Learning Ltd: 3305363/2021
| Jurisdiction | England & Wales |
| Judgment Date | 07 September 2023 |
| Date | 07 September 2023 |
| Published date | 11 October 2023 |
| Court | Employment Tribunal |
| Subject Matter | Unfair Dismissal |
| Citation | 3305363/2021 |
Case Number:- 3305363/2021.
1
EMPLOYMENT TRIBUNALS
Claimant Respondent
Mx E Lad
v
Cavendish Lea
rning Limited
Heard at: Huntingdon (by CVP) On: 16 August 2023
Before: Employment Judge M Ord
Appearances
For the Claimant: Ms J May, Solicitor
Ms G Parkin, Court Appointed Intermediary
For the Respondent: Ms E Evans-Jarvis, Solicitor
RESERVED JUDGMENT STRIKING OUT
the
RESPONSE
1. The Response is Struck Out pursuant to Rule 37 Of the Employment
Tribunal Rules of procedure 2013, because;-
2. The manner in which the proceedings have been conducted by or on
behalf of the Respondent has been unreasonable - Rule 37(1)(B).
3. The Respondent has not complied with the Orders of the Employment
Tribunal - Rule 37 (1) (c).
4. It has, as a result, not been possible to have a fair Hearing in respect of
this claim which was listed for 15 days commencing 15 August 2023 Rule
37 (1) (e).
5. The Respondent is entitled to participate in the Hearing in relation to
Remedy.
Case Number:- 3305363/2021.
2
REASONS
Background
1. The Claimant was employed by the Respondent for a short period of time
from 28 August 2020 until her dismissal on 17 December 2020, as a Food
Technology Teacher.
2. Early Conciliation began on 15 January 2021 and ended on 8 March 2021.
3. On 7 April 2021, the Claimant presented her claim to the Employment
Tribunal bringing the following complaints:
3.1. Breach of contract;
3.2. Breach of the Working Time Regulations 1998 in relation to daily
rest breaks (Regulation 10);
3.3. Disability discrimination under s.15 (discrimination because of
something arising from disability), §.20 and 21 (failure to make
reasonable adjustments) and s.26 (harassment) of the Equality Act
2010 (“EqA”);
3.4. Direct discrimination contrary to s.13 and harassment contrary to
s.26 EqA 2010 on the ground of gender reassignment;
3.5. Victimisation contrary to s.27 EqA 2010;
3.6. Automatically unfair dismissal contrary to s.103 of the Employment
Rights Act 1996 (“ERA”) (dismissal for making protected
disclosures) and / or s.104 ERA 1996 (dismissal for asserting a
statutory right); and
3.7. Detriment for making protected disclosures contrary to s.47 ERA
1996.
4. The Respondent’s Response was presented on 3 June 2021. All claims
were denied and the Respondent expressed a need for further information.
5. A Preliminary Hearing was held before me by telephone on 31 January
2022. Ms May attended for the Claimant as she has done throughout. At
that stage the Respondent was represented by Mr Malloy, a Litigation
Consultant. Whilst the identity of the individual who has had conduct of
this matter on behalf of the Respondent has altered from time to time, the
Respondent has been represented by Peninsula Business Services
throughout.
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