Mrs K Biddle v Amey Services Ltd and others: 1301500/2017
JUDGMENT
[1]The unfair dismissal claim is dismissed on withdrawal[2]The constructive unfair dismissal claims against the second, third, fourth and fifth respondents is dismissed because the Employment Tribunal has no jurisdiction to hear it. Signed by[1]The claimant’s claim of constructive unfair dismissal is unproven and is dismissed.[2]The claimant has not proven her claims of: a) Direct discrimination on the grounds of race; b) Victimisation and/or harassment related to her race under s.27 Equality Act 2010; c) Harassment related to sex under s.26 Equality Act 2010 (“EqA”)[3]We dismiss in their entirety the claimant’s claims under the EqA. Case Number 1301500/2017[4]The tribunal reserves its judgment in relation to the respondent’s application for costs against the claimant; on directions given in the accompanying order.[1]We grant the respondent’s application for costs in the light of the tribunal’s judgment and dismissal of the claimant’s proceedings on 9 February 2018.[2]We order the claimant to pay to the respondent by way of contribution to the respondent’s total costs, the sum of £10,712.00 comprising; a) Counsel’s fees in full of £5,650.00 from 30 November 2017 up to and including the final hearing, 5-9 February 2018. b) Solicitors’ costs for the same period at the rate of 15% of the total claimed (15% x £33,748.00), amounting to £5062.00. Case Number 1301500/2017[3]The tribunal orders the claimant to pay to the respondent, the total award of costs, £10,712.00 as follows; a) The sum of £2678.00 shall be paid by the claimant to the respondent on or before 30 April 2019. b) The remaining sum of £8034.00 shall be paid to the respondent by the claimant in 3 instalments, each of £2678.00 at 6-month intervals. The first of the 3 instalments shall be made on 31 December 2019, the second on 31 July 2020 and the third on 28 January 2021.