Mr P Simbol v John Lewis plc and others: 1403072/2022

EMPLOYMENT TRIBUNALS
Case No 1403072/2022, 1401601/2021
Mr P. SimbolClaimant(1) John Lewis Plc. (2) William Sharp (3) Jonathan Tilley (4) James Lyall (5) Rosaleen McConnachie (6) Donna BowenRespondent
Employment Judge Le GrysIn person for claimantMrs G. Holden (instructed by counsel) for respondentDate 17 May 2023

JUDGMENT

UPON the Claimant confirming that the claims at paragraphs 3-11 of the agreed schedule of claims prepared for the preliminary hearing of 17 May 2023 (“The Schedule”) are not pursued as freestanding claims, but form background narrative only; The Judgment of the Tribunal is:[1]The claims of race discrimination, victimisation, and harassment, as set out in allegations 12, and 13-28 of the Schedule, are struck out on the grounds that the claims are identical to matters previously determined in the Claimant’s claim 1401601/2021, or should have been included in that claim.[2]Further and in the alternative, the claims above are out of time and it would not be just and equitable to extend time to afford the Tribunal jurisdiction.[3]The claims of race discrimination, victimisation, harassment, and instructing, causing, or inducing contraventions, as set out in allegations 29- Case Number: 1403072/2022 30 of the Schedule, are struck out on the basis that they have no reasonable prospect of success.[4]The allegations at 3-11 of the Schedule are dismissed upon their withdrawal by the claimant.[5]All claims in relation to this claim number are therefore dismissed.