10:59 am, October 3, 2024
Big Motoring World founder Peter Waddell is set to pursue a claim of unfair dismissal against the used car supermarket, following his controversial ousting earlier this year.
Legal documents, seen by Car Dealer, reveal that Waddell is claiming unfair dismissal, harassment and disability discrimination by Bluebell Cars – the ultimate holding company of Big Motoring World.
However, sources close to the case have told Car Dealer that the papers have ‘neither been issued or served’, meaning the claim is yet to officially be lodged.
The development is the latest twist in the ongoing legal saga surrounding Waddell’s departure from the company he founded back in 1986.
In the summer, the High Court denied the 58-year-old a temporary injunction which would have handed him back voting rights at the group.
In that case, it was revealed that Waddell was dismissed following allegations of misconduct from members of staff.
The court heard that an independent investigation upheld several complaints against Waddell including one that accused him of using ‘racist language’.
The investigation also returned ‘findings of bullying behaviour’ towards employees, but Waddell continues to maintain his innocence.
In the latest documents, the founder claims that the investigation, carried out by Nicholas Siddall KC, was ‘flawed’ and that its timetable was ‘unreasonably short, unfair, and discriminatory’.
He added that he was not allowed a proper opportunity to respond to the allegations and that decision to remove him was ‘pre-determined’.
As a result of the allegations, Waddell suffered from stress and anxiety and was deemed medically unfit to work at the time of the investigation.
His legal team also claim he was discriminated against as a result of his dyslexia and because he is partially deaf.
The documents say: ‘It was clear from the claimant’s [Waddell’s] fit note that the claimant was suffering from stress and anxiety caused by the actions of the respondents.
‘Unspecified and unsupported allegations had been made against the claimant for almost four weeks and the first respondent [Bluebell Cars Bidco Ltd] had ignored reasonable requests for information and evidence supporting the allegations and requests for reasonable adjustments, which would have afforded the claimant with the opportunity to inform and assist with the investigation at an early stage.
‘Rather than providing the claimant with support during this turbulent time, the first respondent bombarded the claimant with voluminous documentation and a long list of allegations increasing the negative impact on his health.
‘It was imperative that the claimant had the opportunity to respond to all of the evidence and given an appropriate length of time to do so, having regard to his mental state, dyslexia, the nature and extent of the allegations made, and the potential consequences.
‘The first respondent did not engage with the claimant’s requests for extra time to allow him to correctly prepare for the investigation meeting and as such the claimant was not afforded the opportunity to respond to any of the allegations prior to Mr Siddall concluding his investigation.
‘The committee which appointed Mr Siddall forced through the “independent investigation” according to a timetable that was unreasonably short, unfair, and discriminatory.’
‘Disciplinary process had a foregone conclusion’
Setting out Waddell’s case for unfair dismissal, the papers claim that ‘the investigation and disciplinary process had a foregone conclusion’ and that Siddall ‘failed to interview all key witnesses’.
They add that directors wanted to replace Waddell with someone who was ‘not disabled but more corporate’.
One passage reads: ‘The investigation and disciplinary process had a foregone conclusion.
‘The evidence obtained by the claimant as part of the investigation and results of a data subject access request, demonstrates that Freshstream had intended to remove the claimant from his role from at least March 2023.
‘The independent investigation was flawed and did not amount to a reasonable investigation.’
The documents later say: ‘The claimant is partially deaf and, as a result, a lot of the time he can appear to be shouting, but this is due to his physical impairment which means he cannot easily recognise the volume of his own speech.
‘The claimant often speaks at a higher volume, which would appear to be shouting to someone without his disability.
‘The claimant’s dyslexia means that he regularly mixes up words and gets names and words muddled. The Claimant uses nicknames to help him remember people.’
No date has yet been set for the employment tribunal but the documents list Waddell as the only claimant.
Meanwhile, among the six 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.
Car Dealer has contacted Big Motoring World for comment. Bluebell Cars declined to comment.
