Mr P Louis v Network Homes Ltd — 2022

The tribunal recorded that any claim relating to holiday entitlement, holiday pay, or payment in lieu of holiday was dismissed upon withdrawal. It also held that the claimant's argument that he had a contractual right to work only on the IT BA project, and that being required to do other work breached that right, was not a claim within the employment tribunal's jurisdiction because it did not arise on termination and was not outstanding on termination. The claimant accepted that he had in fact done work on other projects and did not say that this affected the end of his fixed-term contract.

The tribunal further stated that the claims as presented and clarified at the preliminary hearing did not include claims of race discrimination, despite the race discrimination box being ticked on claim 3. It explained that the point the claimant had in mind was not indirect race discrimination, but an argument that he was treated less favourably as a fixed-term employee, and the complaint about the failure to apply a Rooney Rule policy was to proceed on that basis.

On the respondent's further information about the claimant's glaucoma, the tribunal refused the claimant's application to strike out the paragraph stating that glaucoma is admitted to be a disability but knowledge is denied. It said the respondent's actual knowledge was a factual issue, and it declined to make a deposit order, noting only that the health monitoring forms might have put the respondent on notice of a possible medical condition amounting to a disability. No monetary award was made in this judgment.