Cases2217847/2023

Claimant v Searce UK Limited

4 July 2024Before Employment Judge GoodmanLondon Centralin person

Outcome

Claimant fails

Individual claims

Unfair Dismissaldismissed on withdrawal

Claimant accepted he lacked qualifying service (less than 2 years) for unfair dismissal and withdrew this claim.

Redundancy Paydismissed on withdrawal

Claimant accepted he lacked qualifying service (less than 2 years) for redundancy payment and withdrew this claim.

Direct Discrimination(sex)struck out

Struck out under rule 37 as having no reasonable prospect of success. Claimant asserted no facts from which tribunal could conclude he was treated less favourably because he was a man.

Direct Discrimination(gender reassignment)struck out

Struck out under rule 37 as having no reasonable prospect of success. Claimant volunteered no details and asserted no facts to support this claim.

Direct Discrimination(race)dismissed on withdrawal

Dismissed as out of time (claim relates to matters from August 2022 onwards, well beyond three month limit) and tribunal concluded it was not just and equitable to extend time given lengthy delay without adequate explanation and prejudice to respondent.

Direct Discrimination(religion)dismissed on withdrawal

Religion harassment claim from February 2023 was out of time before claimant even went to ACAS. Not just and equitable to extend time.

Harassment(sexual orientation)dismissed on withdrawal

Claim relates to alleged incident in August 2022, well out of time. Not just and equitable to extend time given weak merits and prejudice to respondent from delay.

Harassment(age)dismissed on withdrawal

Age harassment claims from April 2023 onward dismissed as out of time. Tribunal found not just and equitable to extend time. Weak prospects as claimant unlikely to establish discrimination from remarks about being too young for promotion.

Direct Discrimination(marriage civil partnership)dismissed on withdrawal

Discriminatory dismissal claim had some prospect of success (alleged dismissal connected to family dispute with wife's relatives linked to company principals) but dismissed as out of time and not just and equitable to extend given unexplained delay after 7 September 2023 and prejudice to respondent.

Breach of Contractdismissed on withdrawal

Notice pay claim dismissed as out of time. Tribunal found it was reasonably practicable for claimant to present claim in time after being told what to do on 7 September 2023, but he delayed until 20 December without reasonable explanation.

Unlawful Deduction from Wagesdismissed on withdrawal

Claims for underpaid variable pay and arrears dismissed as out of time. Not reasonably practicable for delay given claimant's level of other activity between September and December 2023 and failure to act on tribunal's clear instructions.

Holiday Paydismissed on withdrawal

Holiday pay claim dismissed as out of time under Working Time Regulations. Claimant unable to quantify claim and did not act within reasonable time after being told to re-present claim.

Facts

Claimant, a South Indian Tamil speaker, was employed as Associate Vice President earning £205,000 from March 2022 to May 2023. He separated from his wife in summer 2022 and was involved in custody proceedings. He was dismissed on 9 May 2023, allegedly for poor performance in not meeting revenue targets. He presented a claim on 15 May 2023 but without an ACAS certificate so it was rejected. He obtained a certificate on 2 June 2023 but did not re-present his claim until 20 December 2023. During this period he travelled to India due to his father's illness and death, claimed to be bedridden with health problems September-December, but was simultaneously incorporating companies and active on social media.

Decision

All claims dismissed. Unfair dismissal and redundancy withdrawn for lack of service. Sex and gender reassignment discrimination struck out as no reasonable prospect of success. Money claims (notice pay, arrears, holiday pay) dismissed as out of time - tribunal found it was reasonably practicable to present in time after 7 September 2023 but claimant delayed until December without reasonable explanation. Discrimination claims dismissed as out of time and not just and equitable to extend given unexplained delay, weak merits on some claims, and prejudice to respondent from stale evidence.

Practical note

A claimant's demonstrable ability to conduct other business activities during the relevant period will undermine claims of incapacity to comply with tribunal time limits, even where health issues are asserted.

Legal authorities cited

Keeble v British Coal Corporation [1997] IRLR 336Tesco Stores Limited v Kayani UKEAT/0128/16London International College v Sen [1993] IRLR 333Palmer and Saunders v Southend on Sea Borough Council [1984] ICR 372Walls Meat Company Limited v Khan [1979] ICR 52Marks and Spencer plc v Williams-Ryan [2005] IRLR 562Adedeji v University Hospitals Birmingham NHS Foundation Trust [2021] EWCA Civ 23

Statutes

Employment Tribunals Extension of Jurisdiction Order art.7Employment Rights Act 1996 s.23Equality Act 2010 s.123Working Time Regulations 1998 reg.30

Case details

Case number
2217847/2023
Decision date
4 July 2024
Hearing type
preliminary
Hearing days
1
Classification
procedural

Respondent

Sector
technology
Represented
Yes
Rep type
barrister

Employment details

Role
Full-Time Associate Vice President - Data And Analytics Practise
Salary band
£100,000+
Service
1 years

Claimant representation

Represented
Yes
Rep type
barrister