Miss Jordan Thomsin v Cash Converters Limited — 2023

This was a hearing at Norwich by CVP on 29 August 2023 before Employment Judge Postle sitting alone. The claimant, Miss Jordan Thomsin, appeared in person and the respondent was represented by a solicitor. The application before the tribunal was for interim relief.

The tribunal dismissed the interim relief application because it was not made under s.128(1) of the Employment Rights Act 1996. The claimant confirmed that she was not alleging that the reason, or principal reason, for dismissal fell within any of the categories that can support interim relief, including protected disclosure.

The claimant explained that her actual complaint was that she had been dismissed because of disability, namely dyslexia and gout, and because she struggled to stand for any period of time. The judge explained that this was an Equality Act 2010 complaint, but that it could not proceed at that stage because the claimant did not have an ACAS certificate and had not completed ACAS Early Conciliation. She was told she would need to go through ACAS and obtain a certificate before issuing a fresh Equality Act claim.

The respondent did not apply for costs at the hearing, although its representative indicated that if a further claim were issued the respondent considered it would fail and might then seek costs.