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Charlotte Davies successfully resists application to reinstate claim against First South West Ltd

29th August 2017

Exeter Employment Tribunal sitting at Plymouth Magistrates Court dismissed an application by an ex-employee of First South West Ltd to reinstate his claim for race discrimination under Rule 38(2).

The Claimant, a Polish national, had issued proceedings claiming unfair dismissal, indirect and direct race discrimination, and harassment. 

The claim for unfair dismissal had already been dismissed at a previous Preliminary Hearing and the Claimant ordered to pay deposits to pursue the remaining elements of the claim. The matter had been listed for trial in October 2016 but had been adjourned due to the Claimant's failure to produce a witness statement. The matter was set down again for trial in May 2017 but was struck out the day before after the Claimant failed to comply with an Unless Order ordering him to produce a witness statement.

Charlotte represented the Respondent at the hearing to decide the Claimant's application to have the claim reinstated on the grounds that language difficulties meant he did not understand the requirement placed on him.

Judge Matthews found that there had been clear and unambiguous communications from the Employment Tribunal explaining what was required and that there was sufficient understanding to have complied with other directions. The breach was serious and deliberate. The application was therefore refused.

Charlotte was instructed by Foot Anstey. 

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