Mr C Ozkutan v Ladbrokes Gaming and Betting Ltd: 3200478/2022
JUDGMENT
[1]The claim of constructive unfair dismissal and disability discrimination is not struck out.REASONS
[1]The respondent made an application on 16 June 2022 to strike out the claim on the grounds that no valid Early Conciliation (EC) Certificate was filed with the ET1, and when a valid EC certificate was filed 1 March 2022, the ET1 was not represented. Ms McCartney relied for the respondent on the case of Pryce v Baxterstorey Ltd EA/2020/)))323/BA. The claimant objected to the strike out in a letter dated 22 June 2022 in which he stated that he had filed an EC certificate with his ET1 when the claimant was originally presented on 4 February 2022. The proposed respondent was named as Entain Limited which he had understood to be the correct respondent as previous correspondence on this matter had come from Entain Limited.[2]After some investigation it was established that an EC certificate showing Entain Limited as the proposed respondent was filed with the claim form on Case Number: 3200478/2022 2 4 February 2022.The claim was rejected by the Tribunal because of this. The claimant applied for a review of the decision explaining that he had been paid by Entain Limited and had thought it was the correct respondent, and that he had now obtained an EC certificate identifying the correct resident. EJ Clark on 9 March 2022 accepted the application for a review and found the claim to have been properly issued.[3]Ms McCartney had been unaware that the Entain EC certificate was filed on 4 February 2022 and I accept that the full circumstances of the rejection and review were not clear to the respondent before today. Ms McCartney said that she maintained her application to strike out the claim and noted that the claimant was a solicitor by profession.[4]Having head from both parties I am content that EJ Clark had jurisdiction to make the decision to accept the claim in accordance with ET (constitution and Rules of Procedure) Regulations 2013, Schedule 1, Rules 2A and 3 and I refuse the application to strike out the claim. Employment Judge Anderson 16 September 2022 Case Number: 3200478/2022 1 EMPLOYMENT TRIBUNALS Claimant: Mr Can Ozkutan Respondent: Ladbrokes Betting and Gaming Limited Heard at: East London Hearing Centre On: 28, 29 February, 01 and 05 March 2024, [01 March 2024 (part am and pm) & 05 March 2024 (am only) in chambers] Before: Employment Judge B Beyzade Members: Ms M Daniels Mr J Havard Representation For the Claimant: In person For the Respondent: Mr L Harris, Counsel[1]The claimant’s complaint of unfair dismissal (constructive) is not well founded and it is hereby dismissed.[2]The claimant’s complaints of direct disability discrimination pursuant to section 13 of the Equality Act 2010 are hereby dismissed.[3]The respondent’s application for costs dated 20 February 2024 is withdrawn.