Ms M M Barreto v HH Saudi Research and Marketing Ltd: 2206669/2017
JUDGMENT
(1) The Claimant having failed to prove that she was at any material time disabled within the meaning of the Equality Act 2010, s6 and schedule 1, her complaints of disability discrimination are dismissed.(2) The Respondents’ application for the costs of the preliminary hearing is adjourned to the final hearing. ORDER (1) On or before 23 February 2018 the parties shall exchange copies of all relevant documents which are, or have been, in their possession or control and on which they intend to rely at the final hearing referred to below (“the hearing”), or are otherwise disclosable including, for the avoidance of doubt, any document which may not assist the disclosing party’s case and/or may assist the opposing party’s case. (2) The parties shall cooperate to agree a common bundle of documents for use at the hearing primary responsibility for its preparation resting with the Respondents. The form of the bundle shall be finalised no later than 16 March 2018 and one copy supplied at once to the Claimant for her own use. The Respondents shall produce three further copies of the bundle for the Tribunal’s use at the hearing.(3) On or before 13 April 2018 the parties shall exchange witness statements in the names of all witnesses (including the Claimant) whom they intend to call to give evidence at the hearing. Every witness statement shall: (a) be typed in double line spacing; (b) be laid out in short, numbered paragraphs; (c) set out the relevant events in chronological order, with dates; (d) contain all the evidence which the witness is called to give; (e) exclude any matter not relevant to the issues to be determined; (f) state the source of any information not acquired at first hand; (g) be signed and dated.(4) At the hearing the parties shall produce three further copies of every witness statement exchanged pursuant to paragraph (3) above. Except with the special permission of the Tribunal, no witness may be called at the hearing unless a statement in his/her name has been prepared and delivered to the opposing party in accordance with the above directions.(5) On or before 27 April 2018 the Claimant shall deliver to the Respondents’ representative and copy to the Tribunal an updated schedule of loss.(6) The final hearing of all issues of liability and remedy, confined to the only surviving claim (of unfair dismissal), shall be held at 10.00 a.m. on 2 May 2018 before an Employment Judge sitting alone, three consecutive sitting days being allocated. The hearing fixed for 30 January 2018 is vacated. NOTES: (1) Any person who without reasonable excuse fails to comply with an Order to which section 7(4) of the Employment Tribunals Act 1996 applies shall be liable on summary conviction to a fine of £1,000.00. (2) The Employment Tribunals Rules of Procedure 2013 (to which any reference below to a rule refers) provide by rule 6 that if an Order is not complied with, the Tribunal may take such action as it considers just, which may include waiving or varying the requirement, striking out the claim or response (in whole or in part), barring or restricting a party’s participation in the proceedings and/or awarding costs. (3) You may apply under rule 29 for this Order to be varied, suspended or set aside. (4) Where reasons have been given orally on any disputed issue, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. JUDGMENT[1]The Claimant’s claim of unfair dismissal is dismissed on withdrawal by the Claimant following settlement reached between the parties.[2]The name of the Respondent is changed to HH Saudi Research and Marketing (UK) Limited.[3]The £200 deposit paid by the Claimant pursuant to the Deposit Order made on 30 October 2018 shall be returned to the Claimant.