P Singadia v Adaptimmune Ltd: 3314941/2023
[1]The second day of the preliminary hearing is adjourned until 3 April 2025 at 10 am. The hearing will be an open preliminary hearing for one day by CVP.[2]The hearing will determine the following issues:2.1 Determine any application to amend the claim or add further respondents;2.2 Determine any application to amend the response;2.3 Identify the issues in the case and give further case management orders;2.4 Decide whether any future hearings are in person or by CVP;2.5 Decide whether any reasonable adjustments are required for the claimant to participate in the case. Further information[3]The claimant must write to the tribunal and the respondent by 21 March 2025 to provide a fuller explanation of his illness that prevented his attendance at the hearing today, including the nature and duration of the illness, supported by medical evidence. Case Number: 3314941/2023 PHCM Order (NEW August 2020) 2 of 3 August 2020 About these orders[4]These orders were made and explained to the parties at this preliminary hearing. They must be complied with even if this written record of the hearing arrives after the date given in an order for doing something.[5]If any of these orders is not complied with, the Tribunal may:(a) waive or vary the requirement;(b) strike out the claim or the response;(c) bar or restrict participation in the proceedings; and/or(d) award costs in accordance with the Employment Tribunal Rules.[6]Anyone affected by any of these orders may apply for it to be varied, suspended or set aside. Writing to the Tribunal[7]Whenever they write to the Tribunal, the claimant and the respondent must copy their correspondence to each other. Useful information[8]All judgments and any written reasons for the judgments are published, in full, online at https://www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimants and respondents.[9]There is information about Employment Tribunal procedures, including case management and preparation, compensation for injury to feelings, and pension loss, here: https://www.judiciary.uk/publications/employment-rules-and-legislation-practice- directions/[10]The Employment Tribunals Rules of Procedure are here: https://www.gov.uk/government/publications/employment-tribunal-procedure- rules[11]You can appeal to the Employment Appeal Tribunal if you think a legal mistake was made in an Employment Tribunal decision. There is more information here: https://www.gov.uk/appeal-employment-appeal-tribunal CASE SUMMARY[12]On 6 March, the claimant and respondent attended the first day of this open preliminary hearing. An application to adjourn the hearing was refused, and I gave oral reasons for my decision that the claimant was not a disabled person under section 6 of the Equality Act 2010. This meant that his claims of direct discrimination relating to disability, indirect discrimination, discrimination arising from disability, failure to make reasonable adjustments and harassment relating to disability were dismissed. Case Number: 3314941/2023 PHCM Order (NEW August 2020) 3 of 3 August 2020[13]The claimant’s claims relating to automatically unfair dismissal, victimisation, less favourable treatment of a fixed-term worker and breach of contract need to be considered.[14]On 7 March, the claimant contacted the tribunal and the respondent to explain that he was unwell and could not attend the tribunal. He asked for the case to be adjourned to enable his future participation. I adjourned the preliminary hearing, and made a direction for the claimant to provide more information about his illness as he did not explain this in his email.[15]There will be a further open preliminary hearing to conclude the issues that the tribunal would have dealt with today. Approved by Employment Judge Freshwater 7 March 2025 Sent to the parties on: 11/3/2025 For the Tribunal Office: N Gotecha