Mr P Baptiste v Royal Mail Group Ltd: 3302961/2024
JUDGMENT
[1]Pursuant to rule 38 of the Employment Tribunal Procedure Rules 2024, the Claimant’s claim for constructive unfair dismissal is struck out on grounds that it has no reasonable prospect of success.[2]The Respondent’s application to strike out the Claimant’s claim because of unreasonable conduct of the proceedings is refused. There has been unreasonable conduct by the Claimant, in particular in relation to irrelevant and sometimes very personal comments in documents sent to individual employees of the Respondent in what purported to be witness summonses, but I did not, in my discretion, strike the claim out for that reason.[3]The following claims are permitted to proceed to a full hearing:(i) unfair dismissal;(ii) wrongful dismissal;(iii) direct race and/or sex and/or age discrimination in relation to the following matters:a. an alleged assault by Richard Ashwood on 13 December 2022 and the manner in which the Respondent dealt (or failed to deal with) that assault, including suspension of the Claimant;b. proceeding with disciplinary meetings on 2 and 8 November 2023 and on 20 December 2023 in the Claimant’s absence when those PHCM Order (NEW August 2020) 1 of 2 August 2020 Case Number: 3302961/2024 meetings should have been delayed to enable the Claimant, as a trade union representative, to obtain higher level representation from his union (CWU), an entitlement the Respondent knew the Claimant had;c. Ms Pauline Sinclair changing the Claimant’s duty paperwork on around 18th or 19th June 2023;d. not dealing with complaints made by the Claimant against Ms Sinclair in around January 2023, including in relation to the allegation that the Claimant was assaulted;e. Lise Brewster referring complaints by the Claimant about Ms Sinclair for Ms Sinclair to deal with;f. dismissing the Claimant.(iv) Victimisation on the basis that the Claimant had complained that Ms Sinclair discriminated against him in his claim to the Employment Tribunal in case no. 3311695/2022, the detriments relied on being the acts of discrimination (other than the assault) referred to in the direct discrimination claims.(v) The claim for holiday pay.(vi) The claim for notice pay.(vii) The claim for arrears of pay/breach of contract, limited to claims for unpaid contractual overtime between 13 January and 16 March 2023 and 23 October and 22 December 2023.[4]The listing of this case and the orders that the parties must comply with in preparing the case for the final hearing are contained in a separate document. Approved by