Mr M Picton v No written submissions Mr Michael Gallagher — 2021

Mr M Picton’s claim, presented on 29 May 2019, alleged disability discrimination and unauthorised deductions from wages. A preliminary hearing on 18 January 2021 determined that he was an employee of Mr Michael Gallagher, trading as Signs of the Times, and a judgment dated 1 February 2021 was issued on that preliminary issue. This judgment dealt only with the respondent’s application to reconsider that employee-status decision.

The respondent said the tribunal should not have proceeded because Mr Russo was unwell and his partner later telephoned and emailed the tribunal on 18 January 2021. Employment Judge Wiseman accepted the explanation of illness but noted that there was no medical evidence, that contact was not made before lunchtime, and that the reason why Mr Russo or Mr Ram could not have alerted the tribunal earlier was not explained. Applying the rule 70 interests-of-justice test, the tribunal confirmed the 1 February 2021 judgment. The case was to proceed to a further hearing on the remaining issues.