Mr C Bereanu v Wright Brothers Oyster House Limited and 1 other — 2020

The claimant presented an ET1 on 1 June 2020 naming Wright Brothers Oyster House Limited, Petticoat Management Team Limited and Security Service MI5, and alleging unfair dismissal, race discrimination, notice pay, holiday pay, arrears of pay and other payments. The reconsideration judgment concerned only the earlier decision to reject the claim against MI5. The tribunal had treated paragraph 84 of the claimant’s 26-page attachment as the basis of the purported claim against MI5, including allegations that MI5 had provided services to the first respondent, sabotaged documents for the proceedings, and should be prosecuted by the Employment Tribunal.

At the reconsideration hearing on 1 September 2020, Employment Judge Russell held that the Employment Tribunal is a creature of statute and had no jurisdiction to hear a claim against MI5, for whom the claimant had neither worked nor applied for work. The judge also recorded that the original rejection decision had been taken after reading the ET1 and the 26-page attachment, and before the claimant’s complaint of 10 July 2020 about extra time being given to the respondents. The application for reconsideration was refused under rules 70 and 72, because none of the matters advanced gave any reasonable prospect of the original decision being varied or revoked and reconsideration was not required in the interests of justice. The judgment states that the claims against the first and second respondents would proceed and were unaffected.