Mr J Martin v And Croner Group Limited — 2020

At a closed preliminary hearing by telephone on 22 July 2020 before Employment Judge Gilroy QC sitting alone, the tribunal dealt with two preliminary applications in Mr J Martin's case against Croner Group Limited. The underlying claims were not determined in this judgment; the tribunal instead made case-management orders and listed the matter for a later final hearing.

The claimant's application to strike out the respondent's counterclaim on jurisdictional grounds was dismissed. The tribunal held that the particulars of claim contained references to breach of contract and, in particular, that paragraph 7 of the prayer sought damages for unpaid holiday. On that basis it concluded that the claim engaged Article 4 of the Extension of Jurisdiction (England and Wales) Order 1994, and applying Read v Ryder it found that the claimant had brought proceedings by virtue of the Order so that the respondent's counterclaim could proceed.

The respondent's application to exclude five items of correspondence dated 22 March, 26 March, 29 March, 2 April and 8 April 2019 was allowed. The tribunal held that the correspondence fell within without prejudice privilege and also within the scope of s.111A(1) ERA 1996 as pre-termination negotiations. It found that privilege had not been waived and that there was no improper behaviour. By consent, the claimant and CT Employment Law Limited were ordered to pay the respondent £1,400 plus VAT in respect of wasted costs from the earlier preliminary hearing.