Mr Lee Hall v Arriva Rail North Ltd and Northern Trains Ltd: 2400636/2020
EMPLOYMENT TRIBUNALS
Case No 2400636/2020
Between
Mr Lee Hall Respondent 1: Arriva Rail North Limited Respondent 2: Northern Trains LimitedClaimantArriva Rail North Ltd and Northern Trains LtdRespondent
Before
Employment Judge ShotterIn person for claimantMs H Royle (instructed by solicitor) for respondentDate 30 July 2020
JUDGMENT
[1]The claimant’s applications to bring in Northern Trains Limited as second respondent is granted by consent.[2]The claimant’s application to amend his claim to include a new claim of disability discrimination and strike out the first respondent’s defence to the claim of indirect age discrimination are dismissed by consent.
REASONS
[1]As recorded in the Record of Preliminary Hearing dated 30 July 2020 agreement was reached in respect of the claimant’s applications. After hearing the claimant and both representatives, all the parties have approached the preliminary hearing sensibly and acted in accordance with the overriding objective culminating in an agreement as follows:1.1 A TUPE transfer took place in the 1 March 2020 and the claimant’s employment contract was transferred to the second respondent on this date, with the result that it is in the interests of justice to join the second respondent to this litigation. 1 of 3 The parties acknowledged the Tribunal has a wide discretion to order the second respondent to be joined.1.2 Unbeknown to the second respondent the claimant has taken part in ACAS early conciliation and he produced a EC Certificate dated 1 July 2020 (copy on file) early conciliation having commenced on the 1 June 2020 in respect of the second respondent. The claimant maintains there is a continuing act of disability discrimination under section 15 and 2—21 of the Equality Act 2010 against the second respondent which is ongoing to the present day. There is no such claim against the first respondent. The claimant will be issuing fresh proceedings against the second respondent and the grounds of complaint will specify the allegations in detail and cover the second respondent’s request for further information set out in paragraphs 76.1 to 76.13 of the second respondent’s ‘Response to the Claimant’s Application to amend claim’ dated 14 July 2020 in order that it fully understands the claim to be met.1.3 The new claim against the second respondent will be consolidated with the existing proceedings and both will be case managed and heard together.1.4 The second respondent will plead to both claims in its Response.1.5 The first respondent will remain as first respondent in these proceedings reflecting the interest it has in contractual obligations agreed behind the TUPE transfer. It is in the interests of justice for the Tribunal to understand all of the facts in this claim spanning both claims and respondents, taking into account that in principle, the first respondent’s rights, powers, duties and liabilities under or in connection with the claimant’s contract of employment transferred to the second respondent under regulation 4(1) of TUPE.1.6 The claimant’s application to strike out the respondent’s defence is dismissed. The claimant agreed it was proportionate and in the interests of justice for all of the evidence to be heard by the Tribunal at the liability hearing, and he can cross-examine the relevant respondent’s witness on the amendments made to the first respondent’s response and make submissions on the shifting burden of proof.[5]In conclusion, the claimant’s applications to bring in Northern Trains Limited as second respondent is granted by consent. The claimant’s application to amend his claim to include a new claim of disability discrimination and strike out the respondent’s defence to the claim of indirect discrimination are dismissed by agreement.