Mr D Page v Hudson Energy Supply UK Ltd: 3400997/2016
JUDGMENT
[1]Given the time constraint of the current time allocation and the extent of the preliminary points argued by the parties the hearing is converted to an open preliminary hearing to address those points.[2]The Claimant has confirmed that there is no complaint of Direct Discrimination, reasonable adjustments or harassment within his claim.[3]The Respondent accepts that there is a complaint of dismissal on the ground of making protected disclosures.[4]In respect of the disputed question of whether there is a complaint of Discrimination arising from disability we find this to be raised in the particulars as one of the alternative averments in respect of the dismissal.[5]In respect of the disputed question of whether there was a further protected disclosure we have noted that there was only one dismissal. There is a reference in the particulars to a disclosure pertaining to Health and Safety. Case Number: 3400997/2016 Judgment - Rule 61 2[6]These matters are within the Claim Form and the Claimant is entitled to pursue them at a substantive hearing.[7]In respect of the cross applications to strike out for non compliance. We find the failure of both parties to flow from a misunderstanding of what was relevant. We have not found these failings to result in a situation where a fair trial of the issues is not possible. ____________________________________ Employment Judge D Moore, Huntingdon. Date: 23 August 2017