Mr N Hussain v Birmingham Railway Ltd T/a London Midland: 1301730/2017
EMPLOYMENT TRIBUNALS
Case No 1301730/2017Venue BirminghamHearing 1,2,4,5,8,9,10,11,12 & 15 October 2018
Between
Mr N HussainClaimantBirmingham Railway Ltd T/a London MidlandRespondent
Before
Employment Judge VC DeanIn person for claimantMr N Jew (instructed by solicitor) for respondentDate 10 June 2019
JUDGMENT
[1]The claimant was not unfairly dismissed by the respondent unfairly or at all in breach of the provisions of s 94 and 98(4) of the Employment Rights Act 1996. His complaint of unfair dismissal does not succeed.[2]The claimant was not dismissed because of his trade union membership or activities. The claimant dismissal was not unfair pursuant to s152 (1)(b) of the Trade Union& Labour Relations (Consolidation) Act 1992.[3]The claimant was not wrongfully dismissed by the respondent.[4]The claimant’s complaint for unlawful deductions from pay and/ breach of contract in respect of an entitlement to travel expenses does not succeed. Case Number 1301730/2017[5]The Tribunal does not have jurisdiction to entertain the claimant’s complaint that he was subject to unlawful discrimination by the prohibited conduct of unlawful harassment because of the protected characteristic of race.[6]The claimant’s complaint that contrary to s 13 of the Equality Act 2010 the respondent discriminated against him because of a protected characteristic of sex and /or race and/or religion or belief does not succeed.[7]The claimant’s complaints against the respondent are dismissed in their entirety. Employment Judge Dean 15 October 2018 Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Case No: 1301730/2017 10.15 Certificate of Correction – rule 69 March 2017 EMPLOYMENT TRIBUNALS Claimant: Mr N Hussain Respondent: Birmingham Railway Ltd T/a London Midland CERTIFICATE OF CORRECTION Employment Tribunals Rules of Procedure 2013 Under the provisions of Rule 69, the Judgment sent to the parties on 16 October 2018, is corrected as set out in block type at paragraphs The claimant’s name is corrected to Mr N Hussain The respondent is corrected to London and Birmingham Railway Limited t/a London Midland _____________________________ Employment Judge Dean _______29/11/18_______________________ Date SENT TO THE PARTIES ON ....................................30/11/18................................................. ...................................................................................... FOR THE TRIBUNAL OFFICE Important note to parties: Any dates for the filing of appeals or reviews are not changed by this certificate of correction and corrected judgment. These time limits still run from the date of the original judgment, or original judgment with reasons, when appealing. Case Number: 1301730/2017 VCD EMPLOYMENT TRIBUNALS BETWEEN Claimant Respondent Mr N Hussain Birmingham Railway Ltd t/a London Midland AND[1]The respondent’s application for costs under Rule 76 (1)(a) of the Employment Tribunal (Constitution & Rules of Procedure) Regulations 2013 succeeds.[2]The Tribunal considers that the claimant has acted vexatious, abusively, disruptively and otherwise unreasonably in bringing of the proceedings and in the way that proceedings have been conducted.[3]The claimant is ordered to pay to the respondent the specified sum of £20,000 in respect of the respondent’s costs.