WKCIC Group

Case Summary

The Respondent’s application to strike out the claim was unsuccessful, but the Claimant's application for a postponement was granted. The full merits hearing was vacated and rescheduled as a remote CVP hearing.

• •communication with the Claimant from some time in 2016 onwards
• •discrimination and/or detriment following a grievance alleging discrimination
• •failure to make reasonable adjustments
• •lack of consultation regarding TUPE transfer
• •unfair dismissal due to lack of communication leading up to the dismissal

Case No: 3302807/2020 10.5 Reserved judgment with reasons – rule 62 March 2017 EMPLOYMENT TRIBUNALS Claimant: Mr R Oaka (as Personal Representative of the Estate of Ms D Oaka Deceased) Respondent: WKCIC Group Heard at: Watford Employment Tribunal (CVP) On: 9 June 2023 Before: Employment Judge Young Representation Claimant: Mr Raymond Oaka (Brother of the Claimant) Respondent: Mr Robert Turner (Solicitor) RESERVED JUDGMENT The decision of the Tribunal (1) The Respondent’s application to strike out the claim fails. (2) The Claimant’s application for a postponement is granted. (3) The full merits hearing listed for 26-29 June 2023 is vacated. The hearing will be re listed as a remote CVP hearing unless there are valid objections. The parties will be sent a listing stencil to obtain further dates to avoid. REASONS Introduction (1) Throughout this judgment I will refer to Ms Diane Oaka as the Claimant. I will refer to Mr Oaka as the Claimant’s personal representative by his name to avoid confusion. (2) The Claimant was employed by the Respondent, a provider of Further Education, as an HR Generalist Officer, from February 1995 until her employment was terminated on the grounds of capacity by the Respondent on Case No: 3302807/2020 10.5 Reserved judgment with reasons – rule 62 March 2017 30 November 2018. The Claimant was off work since February 2014 following a diagnosis of cancer, sadly the Claimant was given a terminal diagnosis in December 2019. The Claimant succumbed to that cancer and died in April 2020. (3) Early conciliation started on 20 February 2020 and ended on 21 February 2020. The claim form was presented on 28 February 2020. (4) The claim is essentially founded on the allegation that the Respondent failed to communicate with the Claimant from some time in 2016 onwards and that this was discri…