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Fair Employment Tribunal Northern Ireland Decisions
You are here: BAILII >> Databases >> Fair Employment Tribunal Northern Ireland Decisions >> Chambers v G4S Secure Solutions (UK) Ltd G4S Secure Solutions (UK) Ltd [2014] NIFET 00018_14FET (12 September 2014)
URL: http://www.bailii.org/nie/cases/NIFET/2014/18_14FET.html
Cite as: [2014] NIFET 18_14FET, [2014] NIFET 00018_14FET
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FAIR EMPLOYMENT TRIBUNAL
CASE REFS: 18/14FET
385/14IT
CLAIMANT: Paula Chambers
RESPONDENT: G4S Secure Solutions (UK) Ltd
DECISION ON A PRE-HEARING REVIEW
The decision of the tribunal is that Clece Care Services Ltd be joined as a respondent to this claim and that the second pre-hearing review is adjourned until after the newly joined respondent has submitted its response.
Constitution of Tribunal:
Employment Judge (sitting alone): Employment Judge Greene
Appearances:
The claimant was represented Mr Adrian Travers, solicitor, of Adrian Travers Solicitor.
The respondent was represented by Ms Jennifer Owusu-Akyaw, G4S Secure Solutions (UK) Ltd.
1. On 12 March 2014 the claimant brought claims for religious discrimination, sex discrimination, harassment on the grounds of her religion and her sex, victimisation and unlawful deduction from wages.
2. The respondent in its response of 14 April 2014 disputed the claimant’s claims in their entirety.
3. A Case Management Discussion was held on 19 May 2014 and it made Orders and directions to prepare the claims for hearing, including listing them from 22 September 2014 until 3 October 2014.
4. A further Case Management Discussion was held on 8 August 2014 to agree the issues for determination. In the course of the hearing Ms Owusu-Akyaw indicated that she believed the respondent should be dismissed from the proceedings as there had been a transfer of undertaking to a company called Clece Care Services Ltd. She indicated her intention to make such an application.
5. By letter of 12 August 2014, the respondent applied to be dismissed from the claim and that Clece Care Services Ltd be substituted as a respondent in these proceedings.
6. Accordingly, I directed on 15 August 2014 that a Pre-Hearing Review be convened to determine:-
(1) Should Clece Care Services Ltd be joined as a respondent to this claim?; and
(2) Should G4S Secure Solutions (UK) Ltd be dismissed from this claim?
7. The Pre-Hearing Review came on for hearing on 10 September 2014.
8. The respondent contended
that on 1 August 2014 a transfer of undertaking had occurred when the
service previously provided by the current respondent, was transferred to Clece
Care Services Ltd. Ms Owusu-Akyaw argued that liabilities for any claims
that might arise also transferred to Clece Care Services Ltd. She informed the
tribunal that the claimant and most of the people against whom she makes
complaints had transferred to the Clece Care Services Ltd.
Ms Owusu-Akyaw argued that the current respondent should be dismissed from
the proceedings and should be substituted by Clece Care Services Ltd.
9. The claimant agreed that Clece Care Services Ltd be joined as a respondent but was opposed to G4S Secure Solutions (UK) Ltd being dismissed from these claims. Mr Travers was anxious that the claimant’s rights would not be prejudiced by any dismissal of G4S Secure Solutions (UK) Ltd from the proceedings. He also indicated to the tribunal that as Clece Care Services Ltd was not a party and had not yet put in a response it was not clear what approach it may be taking and it might well argue that the liability for any claim found in favour of the claimant rested with G4S Secure Solutions (UK) Ltd, the transferor, and not with it, the transferee. He therefore was opposed to dismissal of G4S Secure Solutions (UK) Ltd lest the claimant’s rights be prejudiced.
10. Having considered the submissions of the parties I made the following decisions:-
(1) The first Pre-Hearing Review issue should be answered in the affirmative and I thereby join Clece Care Services Ltd as a respondent in these proceedings.
(2) In the light of the concerns raised by the claimant I consider releasing G4S Secure Solutions (UK) Ltd to be premature at this stage and accordingly the Pre-Hearing Review issue number 2 is adjourned.
(3) The newly joined respondent will have the statutory time within which to lodge its response.
(4) After the newly joined respondent has lodged its response or the time within which such a response can be lodged has passed, a further Case Management Discussion will be held by teleconference to:
(a) fix the date for the reconvening of the Pre-Hearing Review issue 2, if necessary, and
(b) to make such other directions and Orders as are necessary, including fixing dates for hearing, for the determination of these claims.
(5) Accordingly the hearing scheduled for 22 September 2014 to 3 October 2014 in this matter has now been adjourned.
Employment Judge:
Date and place of hearing: 10 September 2014, Belfast.
Date decision recorded in register and issued to parties: