Mr C Stone Respondent Oxfordshire GM Limited PRELIMINARY HEARING BY CVP v Respondent — 2022

At a preliminary hearing in Reading on 11 August 2022 before Employment Judge Gumbiti-Zimuto sitting alone, the tribunal amended the respondent's name to Oxfordshire GM Limited and considered strike-out applications relating to the claimant's Equality Act complaints. The claimant said he was disabled and referred to a left-knee injury, but he did not comply with the Tribunal's order for information about his alleged disability. The tribunal held that the non-compliance was significant, that a fair hearing would not be possible, and struck out the disability discrimination complaints.

The claimant also brought complaints described as harassment, including matters he had characterised as assault, sexual harassment and GDPR issues. When asked what protected characteristic he relied on, he gave different answers, including age, sex, sexual orientation and sexuality. The tribunal held that the complaints were out of time, that there was no adequate basis for extending time on a just and equitable basis, and that the conduct complained of was not obviously linked to a protected characteristic. Those harassment complaints were therefore struck out.

The tribunal also dismissed the claims against Deanne Rodney, Sam Rodney and 'Victor Known as Vic'. The judgment records that unfair dismissal could only be pursued against the employer, and that the unfair dismissal claim itself was to proceed to a full hearing. No remedy was determined at this preliminary hearing.