Mr S Fairclough v Dave Whelan Sports Ltd: 2410203/2019
EMPLOYMENT TRIBUNALS
Case No 2410203/2019
Between
Mr S FaircloughClaimantDave Whelan Sports LtdRespondent
Before
Employment Judge HorneDate 14 July 2021
JUDGMENT
[1]The following complaints will be determined at a final hearing and are not struck out: 1.1. a complaint of unfair constructive dismissal, contrary to sections 94 and 98 of the Employment Rights Act 1996; and 1.2. a complaint of harassment, contrary to sections 26(2) and 40 of the Equality Act 2010 (“EqA”).[2]The following complaints require an amendment to the claim: 2.1. a complaint of discrimination because of age, contrary to sections 13 and 39 of EqA; 2.2. a complaint of discrimination because of sexual orientation, contrary to the same sections of EqA.[3]Permission to amend the claim is refused.[4]Had the tribunal not determined that an amendment was required, Case No. 2410203/2019 Code A 2 4.1. the complaint of discrimination because of sexual orientation would have been struck out on the ground that it had no reasonable prospect of success; and 4.2. the claimant would have been ordered to pay a deposit, not exceeding £1,000, as a condition of proceeding with his complaint of discrimination because of age, on the ground that it had little reasonable prospect of success. 25 June 2020 Employment Judge Horne SENT TO THE PARTIES ON 13 July 2020 FOR THE TRIBUNAL OFFICE Notes:[1]Advance notice of the hearing was published in the tribunal’s lists, which were made available to the public in advance of the hearing. The CVP platform had a facility to allow members of the public to observe the hearing. No members of the public asked to join as observers.[2]Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party makes a request within 14 days of the date on which the judgment is sent to the parties. If written reasons are provided, they will be displayed on the tribunal’s website. Case No. 2410203/2019 EMPLOYMENT TRIBUNALS Claimant: Mr S Fairclough Respondent: Dave Whelan Sports Limited (In Administration)
REASONS
[1]The respondent company is in administration. Neither the consent of the Administrator nor the permission of the court has been obtained for these proceedings to be instituted or continued as required by the Insolvency Act 1986.[2]On 12 May 2021 the Tribunal gave the claimant an opportunity to give written reasons why the claim should not be struck out as it had not been actively pursued. The claimant has failed to give an acceptable reason.[3]The claim is therefore struck out.