Mr S Semple v Kier Group plc and Kier Construction Ltd: 2502275/2019

EMPLOYMENT TRIBUNALS

Case No 2502275/2019

Between

Mr S SempleClaimant

Kier Group plc and Kier Construction LtdRespondent

Before

Employment Judge Garnon

Date 14 November 2019

JUDGMENT

MADE AT NORTH SHIELDS ON 19 August 2019 EMPLOYMENT JUDGE GARNON JUDGMENT (Liability Only) Employment Tribunals Rules of Procedure 2013 –Rule 21 The claim of contravention of section 21 of the Equality Act 2010 is well founded. Directions for the listing of a remedy hearing on that claim, and for the hearing of any remaining claims, will be given at the preliminary hearing already listed for 13 September 2019

REASONS

[1]The claim was served on 19 July 2019 on the registered office address of both respondents. A response was due by 16 August but none was received. An Employment Judge is required by rule 21 of the Employment Tribunals Rules of Procedure 2013 to decide on the available material whether a determination can be made and , if so, obliged to issue a judgment which may determine liability only or liability and remedy.

[2]I have in the claim form sufficient to enable me to find the claim of failure to make reasonable adjustments proved on a balance of probability against both respondents but insufficient to decide remedy. I also note other claims in the claim form on which I believe no determination can be made. I am surprised no response has been entered. Explanations by respondents for not responding in time vary from obviously good to arguable to obviously bad. The respondent may submit an application for reconsideration and a draft response within 14 days of the date upon which this judgment is sent to the parties.

[3]As there are many aspects of the claim which need clarification, I believe it will save time to leave the existing case management hearing in the lists. Case Number 2502275/19 2 ------------------------------------------------ TM Garnon Employment Judge Date signed 19 August 2019 Case Number: 2502275/19 1 of 1 EMPLOYMENT TRIBUNALS Claimant: Mr S Semple First Respondent: Kier Group PLC Second Respondent: Kier Construction Limited Third Respondent: Kier Limited

[1]The claimant’s complaints of breaches of the Working Time Regulations 1998 and detrimental treatment for health and safety reasons under Employment Rights Act 1996 sections 44 and 46 are dismissed, having been withdrawn by the claimant.

[2]The judgment of 19 August 2019, which was sent to the parties on 21 August 2019, is set aside pursuant to rule 20(4) of the Employment Tribunals Rules of Procedure. __________________________ Employment Judge Aspden 17 September 2019 Note Reasons for the decision having been given orally at the hearing, 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. Case No:2502275/2019 6.8 Judgment on Withdrawal rule 52 EMPLOYMENT TRIBUNALS Claimant: Mr S Semple Respondent: Kier Limited