Employment Tribunal

Judgement was received on 22nd March 2019 with regards to an Employment Tribunal between Mr Mat MacEley-Young and Angus Fire Ltd.

Unfortunately, the Employment Tribunals Judgment dismissed a majority of the allegations as “not well founded” or “out of time”, meaning that the complaints of discrimination had not been brought soon enough even though it could have been seen as continued discrimination, which the claimant says had happened since May 2016.

However, Angus Fire Ltd’s own correspondence from its in house legal counsel before the hearings, showed that one complaint (the claim for failing to pay holiday pay in line with their own employee manual) could be upheld and damages were awarded to the claimant.

This sets an uneasy precedent for the company who claimed “The holiday pay policy had not been followed since 2013” by leaving a door for other potential claims from ex-employees that have been made redundant or retired from the firm in the last 6 years.

AOMMY Ltd. is setting up an application process on behalf of Enable Disability Ltd (a local non profit company) which will allow the ex-employees to obtain advice and support in reclaiming these funds that have not been paid to them.

This could potentially leave the Angus Fire with a possible massive legal bill if they refuse to follow the precedent set by Judge Slater at Manchester Employment Tribunal on 22nd March.

The trial also inadvertently opened up “an apparent” gaping hole in the lack of ability of the current HR Department, when the “UK HR Manager”, Liz Cox (Elizabeth Cox), reiterated from her ‘statement of truth’ that;

“The Claimant did not advise the company he was registered as disabled”.

The UK HR Manager, who boasted her previous companies, (where she claims she gained her HR and mental health experience) included, “Rolls Royce and BAE Systems” and proclaimed to have a “degree in law”, especially failed to remember that disabled people have not had to “register as disabled” since the 1990’s, The judges, the respondent, general public in the seating and the respondents representation stared at the “seasoned” UK HR Manager in disbelief.

Excerpt from Witness Statement of Elizabeth Cox, UK HR Manager.

When the Claimant re-located from Wiltshire to North Yorkshire and prior to his commencement of employment with the Respondent he provided to the Respondent a brief summary of his medical history (at Document 14). This showed that he had suffered from various medical issues and bouts of depression and anxiety in the past. The Claimant stated in his medical history that : “I gained employment in November 2013 (after several weeks out of work) at JBGlobal where my health has improved dramatically allowing me to deal with events such as relocating.” The Claimant clearly regarded himself, and the Respondent regarded him, as being fit to work when he took up employment. In the medical questionnaire completed by the Claimant at the time of joining as an employee of the Respondent (Document 15), the Claimant asserted that he was not registered as disabled and furthermore he had passed an occupational health check for Swindon Borough Council. “

Edit – 13/5/2019
Added –
“it could have been seen as continued discrimination”
“an apparent”
The judges, the respondent, general public in the seating and the respondents representation
(where she gained her HR and Mental Health experience)
Edited by Mat MacEley-Young

Edit – 15/5/2019
Addition of entry from Liz Cox’s Witness statement submitted to Employment Tribunal, after an email from Angus Fire Limited’s “Legal Consultant” requesting that we take down information that is openly available to the public.
Edited by Mat MacEley-Young

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