Mr S Sears v Department for Work and Pensions: 2410978/2019
JUDGMENT
The complaint of indirect race discrimination is struck out.REASONS
[1]By a letter dated 25 March 2020 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the complaint of indirect race discrimination should not be struck out because it• the claimant had not complied with the paragraph 1.4 of the case management order sent to the parties on 7 February 2020• because the claimant has not explained how the respondent’s treatment of his met the statutory definition of indirect discrimination, as he was ordered to do, that complaint has no reasonable prospect of success.[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The complaint of indirect race discrimination is therefore struck out.[3]The claimant’s remaining claim(s) remain listed for a preliminary hearing on 5 October 2020.[1]The complaint of direct race discrimination is dismissed upon withdrawal by the claimant. For the avoidance of doubt, the complaint of indirect race discrimination was struck out by Employment Judge Buzzard on 3 July 2020.[2]The complaints of wrongful dismissal and whistleblowing are dismissed on withdrawal by the claimant as he acknowledges they were presented in error.[3]The respondent’s application that the claimant’s claim be struck out because they have no reasonable prospects of success in accordance with Rule 37(1)(a) of the Employment Tribunals Rules of Procedure is dismissed.[4]The respondent’s application that the claimant’s claim has little reasonable prospect of success in accordance with Rule 39 of the Employment Tribunal’s Rules of Procedure is successful and the claimant is ordered to make a payment in respect of a deposit order to the Tribunal in the sum of £50.00 (fifty pounds), by no later than 26 October 2020. Further details are contained in the separate notice of a Deposit Order.[5]The remaining complaint of unfair dismissal will continue to be heard at the final hearing listed to take place at the Employment Tribunals 3rd Floor, Civil & Family Court Centre, 35 Vernon Street, Liverpool, L2 2BX on 4, 5, 6, 7 & 8 January 2021 starting at 10am or as soon as possible afterwards. The Case Number: 2410978/2019(V) case however, will converted to hearing before an Employment Judge sitting alone.[6]The parties shall ensure that they let the Tribunal know as soon as possible if they believe that it is necessary for the case to be heard remotely using the Cloud Video Platform (‘CVP’), or if a party, representative or witness needs to attend the hearing remotely due to medical shielding or for other reasons. In these circumstances, the parties shall ensure that pdf copies are made available to those affected by these circumstances in order that they can fully participate in the proceedings. Case No. 2410978/2019 Code V EMPLOYMENT TRIBUNALS Claimant: Mr Sean Sears Respondent: Department For Work And Pensions HELD AT: Liverpool (in person & CVP) ON: 4, 5, 6 & 7 January BEFORE: Employment Judge Shotter REPRESENTATION: Claimant: In person Respondent: Mr T Holloway, Counsel The JUDGMENT of the Tribunal is:[1]The claimant was not unfairly dismissed and his claim for unfair dismissal is not well-founded and is dismissed.[2]The first day of this hearing took place in person, and in view of the imminent lockdown and concern by the parties and witnesses over the Covid 19 Pandemic an agreement was reached that the remainder of the hearing would take place remotely with witnesses, including the claimant, giving evidence via CVP. From the 5 January 2021 this has been a remote hearing by video which has been consented to by the parties. The form of remote hearing was Code V: Kinley CVP video fully (all remote). A face to face hearing was not held because it was not practicable and all issues could be determined in a remote hearing.