5:24 pm, November 20, 2024
Big Motoring World founder Peter Waddell is hoping for ‘a screeching U-turn’ by attempting to delay some of the legal proceedings he started, the High Court heard today.
Waddell, 58, was controversially ousted from the car supermarket following claims of gross misconduct earlier this year.
He was said to have bullied and intimidated employees and an independent investigation upheld several complaints against Waddell including that he used racist language.
Waddell is fighting the dismissal and claims he only appears to shout at employees because he is deaf.
He has also explained that because of his dyslexia he uses nicknames to help him remember people.
According to his lawyers the ‘investigation’ into his misconduct, carried out by a top barrister, was deeply flawed and Big Motoring World were simply determined to get rid of Waddell.
His lawyers claim he was not given adequate time to prepare for the investigation meeting.
Waddell is claiming unfair dismissal, harassment and disability discrimination by Bluebell Cars – the ultimate holding company of Big Motoring World.
The High Court denied Waddell a temporary injunction earlier this year which would have restored his voting rights at the used car dealer group.
In the latest case management hearing, Waddell’s lawyers have applied for a delay or stay of their own application of a ‘Part Seven’ claim for damages against Big Motoring World.
Edward Davies, KC, who represents Bluebell Cars, said: ‘This a case where it is the claimant seeking to stay its own proceedings, we say that is a particular and rather unusual feature of this case.
‘It is important that the defendants want that claim to continue on its present track to a trial in early 2026.’
A pause would lead to considerable delay, costs and unnecessary complexity, Mr Davies said.
‘The application to stay the Part Seven proceedings represents a screeching U-turn,’ he added.
Mr Davies said there was a clear risk of ‘unfairness’ if Waddell was able to ‘reheat’ any of their claims by ‘trying again’ in the Part Seven proceedings.
He also said that delaying proceedings would be especially detrimental to Blue Bell Cars Topco Ltd, one of the defendants in this case, who have filed a counterclaim against Waddell.
They claim that he failed to return two vehicles and documents to the company, breaching the terms of governance.
Mr Davies added: ’He did not just cease to stop being an employee, if he was dismissed under his service for gross misconduct.
‘He was then obliged to resign all of his directorships.’
No date has yet been confirmed for the employment tribunal but the documents list Waddell as the only claimant.
The tribunal is due to take place in the spring of 2026.
The respondents are Bluebell Cars Bidco Ltd, Bluebell Cars Holding Ltd and Bluebell Cars Topco Ltd.
Individuals named on the list are current Big Motoring World directors Lawrence Vaughan, Reza Fardad and Thomas Clarke.
Mr Justice Trower reserved judgement on the stay application.
Waddell was represented today (November 20) by Daniel Oudkerk KC.
