Mr A Smirnov v Worley Europe Limited and 1 other — 2022

The Claimant worked for Worley Europe Limited as a Senior Energy Consultant from 8 September 2014 until his dismissal on 5 December 2014. He later made a subject access request, used information from the dismissal papers in county court proceedings in 2020 and 2021, and then brought this Employment Tribunal claim in April 2021. At this preliminary hearing the tribunal considered limitation, the former-employee provisions in s.108 Equality Act 2010, and strike out on the whistleblowing claim.

On discrimination arising from disability, the tribunal held the claim was out of time. It found the Claimant should have brought proceedings in early 2015, accepted that he had recovered sufficiently to look for work and start new employment in January 2015, and rejected his explanations about waiting for later documents as inherently implausible. It found there was no continuing act and that, applying the broad just-and-equitable discretion under s.123 Equality Act 2010, there was serious forensic prejudice to the Respondents and no basis to extend time.

On harassment and victimisation, the tribunal held the allegations were about the Respondents' conduct in defending the Claimant's county court claim and were not closely connected with the former employment relationship. The conduct complained of included the application to set aside the default judgment, later witness statements correcting the position about the particulars of claim and the bailiffs, and emails about the county court proceedings. The tribunal also held that the Claimant's stated protected acts were his pre-action letter, county court claim and particulars of claim, none of which alleged Equality Act breaches.

On whistleblowing, the tribunal found that the Claimant's complaints about the bailiffs allegation, the handling of the particulars of claim and the dismissal notes were personal in nature. It held that he did not have a genuine and reasonable belief that the disclosures were made in the public interest, and alternatively that there was no reasonable prospect of proving that any detriment was suffered on the ground that he had made protected disclosures. The tribunal therefore struck out the claims in their entirety and vacated the final hearing listed for July 2023.