Mr M Kent v Reading Borough Council: 3346879/2016
[1]The Tribunal heard submissions and evidence on oath and read documents provided by the parties. From the evidence heard and read the Tribunal determined as follows. Unfair Dismissal[2]This complaint was withdrawn by the Claimant at the start of the hearing and it is dismissed. Protected Disclosure Detriment[3]This complaint was withdrawn by the Claimant at the start of the hearing and it is dismissed. Disability Discrimination 2012-2015[4]The complaints of disability discrimination relating to the period 2012-2015 were presented out of time and there is no reasonably arguable basis for the contention that they form part of conduct extending over a period nor any reasonably arguable basis for a just and equitable extension of time. These complaints are dismissed. Disability Discrimination 2016[5]The complaints of disability discrimination relating to 2016 were presented in time. No later than 9 August 2017 the Claimant shall confirm to the Tribunal, and to Case Number: 3346879/2016 2 the Respondent, whether these complaints are being pursued and, if so, provide further and better particulars of the factual and legislative basis for these complaints.[6]No later than 6 September 2017 the Respondent shall confirm to the Tribunal, and to the Claimant, its response to these complaints. Preliminary Hearing[7]With the agreement of the parties, the case is listed for a 1 day preliminary hearing before an Employment Judge on 7 December 2017 commencing at 10.00am at Reading Employment Tribunals, 30-31 Friar Street (Entrance in Merchants Place), Reading RG1 1DX.[8]The purpose of the preliminary hearing is to determine the following:8.1 Whether the complaints have no reasonable prospect of success and should be struck out;8.2 Whether the complaints have little reasonable prospect of success and should be made the subject of a deposit order;8.3 Whether there are grounds for making a costs order.[9]No postponement of the preliminary hearing will be granted unless there are exceptional and unforeseen circumstances. Reasons – rule 62 of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013[10]Reasons for this judgment were given orally at the hearing. Written reasons will not be provided unless a written request is presented within 14 days of the date this judgment is sent to the parties. ________________________________ Employment Judge Vowles Date: 12 July 2017 Sent to the parties on: ..12/08/2017... ............................................................ For the Tribunals Office