Ramachandran Srinivasan v Tata Technologies (Europe) Ltd

JurisdictionEngland & Wales
JudgeSimon
Judgment Date15 March 2021
Neutral Citation[2021] EWHC 602 (QB)
CourtQueen's Bench Division
Date15 March 2021
Docket NumberCase No: D90BM255

[2021] EWHC 602 (QB)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

BIRMINGHAM DISTRICT REGISTRY

Birmingham Civil Justice Centre

33 Bull St, Birmingham B4 6DS

Before:

HIS HONOUR JUDGE Simon

(Sitting as a Judge of the High Court)

Case No: D90BM255

Between:
Ramachandran Srinivasan
Claimant
and
Tata Technologies (Europe) Limited
Jaguar Land Rover Limited
Defendants

Mr Angus Gloag (instructed by direct access) for the Claimant (trial only 30 Nov – 2 Dec)

Miss Victoria Simon-Shore (instructed by Wright Hassall LLP) for the Defendants

Hearing dates: 30 November – 2 December 2020 & 20 January 2021

Simon His Honour Judge

THE CLAIM

1

This is a claim under the Protection from Harassment Act 1997 [the 1997 Act] in the terms that were in force during the relevant period, being November 2011 to February 2012 [the Claim]. The Claimant is Ramachandran Srinavasan. The Defendants to the claim are TATA Technologies (Europe) Limited [D1] and Jaguar Land Rover Limited [D2].

2

The claim arises in the context of Mr Srinivasan being contracted by D1 through his company, Sriman Technologies Limited [STL], as a SAP Basis Architect working on an IT project for D2 called TURBO. A parallel, inter-related and similar project called eSMART was simultaneously under way, although as I understand it the TURBO project was more advanced. I shall refer in this judgment to ‘the project’ to mean either TURBO and/or eSMART as the context will make clear. The project team involved hundreds of individuals, both employees and contractors of D1 and D2. The exact details of the project structure are of only limited relevance to the issues in the case. Where they are relevant they have been referred to in the body of the judgment. There is no dispute that the project was a major IT infrastructure upgrade and of significant importance to D2.

3

By a contract dated 14 April 2011, Mr Srinivasan (through his company and previously the second claimant, STL) was engaged to provide his specialist services for a period of 12 months from early May 2011. Amongst other provisions, the contract included a clause for termination on either side upon the giving of 28 days' notice. Notice of termination was given by D1 on 24 February 2012 and payment was made for the full notice period without requiring Mr Srinivasan to work on the project. This followed his being asked to leave D2's site on the afternoon of 23 February 2012 due, according to the Ds, to their mounting concern about Mr Srinivasan's conduct and his lack of compliance with reasonable requests from those within the project team. By stark comparison, Mr Srinivasan claims that he was subjected to a number of acts of harassment at the hands of employees/contractors of D1 and/or D2, for whose actions they are vicariously liable.

4

When the claim was issued on 10 November 2017, the 1997 Act formed only one of a number of heads under which it was brought. There has been extensive case management over the life of the proceedings, the decisions of some judges being subject to appeal by Mr Srinivasan, albeit unsuccessfully. I briefly mention the lengthy procedural history to indicate that I am aware of it but equally to make clear that, whatever Mr Srinivasan's views of earlier judgments (even in closing submissions he adopted some adjectives which suggested that he continues to contest the validity of some of them), they stand unaltered and the trial before me was conducted within the context set by those judgments. In particular, that context included the striking out of all heads of claim bar that under the 1997 Act [order of Carr J, 27 March 2019], the non-disapplication of the statutory limitation period as regards the 1997 Act claim (being six years up to the date of claim) and the limiting of the trial to the question of liability only at this stage [Order of Spencer J, 4 September 2020].

5

Although Mr Srinivasan was self-representing throughout the pre-trial hearings, for the purposes of the trial itself, heard by me from 30 November to 2 December 2020, he had the assistance of counsel, Mr Angus Gloag. Due to the procedural issues requiring determination on the first day of trial, the hearing of evidence did not begin until the second day. It concluded too late on the final day of trial for closing submissions to be made. Whilst Mr Srinivasan was content with written submissions, the Ds expressed a preference for oral submissions. The date of 20 January 2021 was subsequently fixed for those submissions to be heard. In the event, it was not possible for me to travel to Birmingham for the hearing, despite Mr Srinivasan's concerns for a fully in-person hearing. Rather than delay the hearing, I ordered that the parties attend court in person and I joined the hearing remotely.

6

For closing submissions Mr Srinivasan returned to self-representing. Both he and Miss Victoria Simon-Shore, who had acted as counsel for both Ds at trial, made detailed closing submissions, having provided authorities bundles in electronic format in advance. Mr Srinivasan also furnished me with a detailed typed document that formed the basis of his oral submissions. There seemed to be some technical issue with the parties hearing me clearly over the remote link, however, the limited comments that I made were kindly and accurately relayed to the parties by the court clerk. I confirmed to both Mr Srinivasan and Miss Simon-Shore that I could hear them clearly throughout the full day of submissions.

Context of Judgment

7

In the particular circumstances of this case, I consider it important to give a brief context to this judgment on liability. It is not my intention to quote extensively from the case law, although I have considered all of the authorities sought to be relied upon by both parties. I set out below relevant extracts only. If I have not made reference to a specific case or quote relied on by either party, it will be because the case discloses no novel principle beyond that already established or, alternatively, no principle with a direct bearing on the facts of this case.

8

Similarly in relation to the evidence, to reprise all of the written and oral evidence in this case would not only make the judgment unwieldy but would detract from the purpose of any judgment, which is to make clear to the parties what the court has decided and why. The absence of a reference (wholly or partially) to a specific piece of evidence should not be taken to suggest that it has not formed part of the body of the evidence considered by the court in reaching the conclusions set out in this judgment.

9

Although the 1997 Act enacts both a civil claim for, and a criminal offence, of harassment, the instant case involves a civil claim under sections 1 and 3, subject to the interpretation in section 7. The standard of proof throughout is the balance of probabilities. Mr Srinivasan bears the burden of proof save in relation to the affirmative defence in section 1(3)(c) when the burden shifts to the Ds.

10

By the trial, the Ds had conceded that they would be vicariously liable for any findings of harassment made against their employees or contractors when acting in that capacity. As a result it has been unnecessary for me to consider the case law on this particular topic.

The 1997 Act

11

It is important to begin this section on the law with the relevant provisions of the 1997 Act in force at the time of events in the instant case, up to February 2012.

“1 Prohibition of harassment

(1) A person must not pursue a course of conduct—

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

(1A) …

(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to or involves harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to or involved harassment of the other.

(3) Subsection ( 1) [or (1A)] does not apply to a course of conduct if the person who pursued it shows—

(a) …

(b) …

(c) that in the particular circumstances the pursuit of the course of conduct was reasonable.

2 Offence of harassment

(1) A person who pursues a course of conduct in breach of section 1 is guilty of an offence.

(2) …

3 Civil remedy

(1) An actual or apprehended breach of section 1(1) may be the subject of a claim in civil proceedings by the person who is or may be the victim of the course of conduct in question.

(2) …

7 Interpretation of this group of sections

(1) This section applies for interpretation of sections 1 to 5A

(2) References to harassing a person include alarming the person or causing the person distress.

(3) A “course of conduct” must involve—

(a) in the case of conduct in relation to a single person (see section 1(1)), conduct on at least two occasions in relation to that person, or (b) in the case of conduct in relation to two or more persons (see section 1(1A)), conduct on at least one occasion in relation to each of those persons.

(3A) …

(4) “Conduct” includes speech.

(5) …”

The case law

12

The interpretation and application of the 1997 Act in practice has evolved over the years through a sizeable body of case law.

13

The House of Lords considered the 1997 Act in Majrowski v Guy's and St Thomas's NHS Trust [2006] UKHL 34, [2007] 1 AC 224. Although the central point on appeal was vicarious liability, Lord Nicholls of Birkenhead in the lead judgment said this about the objective nature of the court's assessment of alleged conduct, at paragraph 30 234C:

“Where … the quality of the conduct said to constitute...

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