Claimant v Platinum Cleaning Services South West Ltd
Outcome
Individual claims
The tribunal found on the balance of probabilities that the claimant had issued proceedings against the wrong company. The advertisements complained of were not written or placed by these respondents but likely by a different company, Platinum Cleaning & Laundry Services Ltd trading as Platinum Cleaning Services based in Barry, Vale of Glamorgan. Since the respondents did not place the discriminatory advertisement, the claim could not succeed against them.
Facts
The claimant, a serial litigant identified in previous EAT decisions, brought a sex discrimination claim alleging he was excluded from applying for a job advertised as seeking a 'female house cleaner' in the Vale of Glamorgan at £10.50/hr. The claimant lives in Hounslow and claimed he would have relocated for the part-time role. The tribunal found that the claimant had sued the wrong company - the advertisement was placed by Platinum Cleaning & Laundry Services Ltd in Barry, not by the respondent Platinum Cleaning Services South West Ltd based in Melksham, Wiltshire. The respondent provided evidence they had never advertised for cleaners in the Vale of Glamorgan and the claimant had never worked for them.
Decision
The tribunal dismissed the claim, finding the claimant had issued proceedings against the wrong respondents who had not placed the discriminatory advertisement. The tribunal also refused the claimant's application to amend to substitute the correct respondent at the final hearing stage, as this was significantly out of time, would add a new party over 6 months after the claim was issued, and the claimant could issue fresh proceedings against the correct party.
Practical note
Claimants must take proper steps to identify the correct respondent when issuing proceedings, and tribunals will refuse late amendments to substitute parties at final hearing stage, particularly where the claimant is a serial litigant with a track record of claims lacking genuine merit.
Legal authorities cited
Statutes
Case details
- Case number
- 6003812/2024
- Decision date
- 17 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
- Rep type
- self
Employment details
- Role
- house cleaner
Claimant representation
- Represented
- No