Employment Judge FindlayIn person for claimantMs Gyane (instructed by Counsel) for respondentDate 5 November 2018
JUDGMENT
[1]The claimant is given permission to amend his claim in the terms of the written application save that permission is not granted in respect of paragraphs 3(i) (as clarified in §9.2 of the Written Reasons below), 6(iv), 12 and13 and §3(ii) and 3(iii) become a single allegation.[2]The claimant is given permission to amend his claim to include a claim that his dismissal was an act of victimisation contrary to s.27 (1) and s.39(2)(c) of the Equality Act 2010.[3]At the date of the alleged discriminatory acts (May 2017 - September 2017) the claimant was not a disabled person within the meaning of the Equality Act 2010.[4]The claimant’s claims of direct disability discrimination and disability-related harassment are dismissed.[5]A revised case management order and List of Issues accompanies this Judgment. Case No: 1304138/2017 10.2 Judgment - rule 61 February 2018 EMPLOYMENT TRIBUNALS Claimant: Mr G Serjani Respondent: Furrows Ltd Heard at: Birmingham On: 30-31 October, 1 and 2 November 2018 Before: Employment Judge Findlay Lay Members Mr J Wagstaffe, Mr R Moss Representation Claimant: In person Respondent: Ms Gyane, Counsel[1]The claimant’s claims of race discrimination, harassment and of victimization under sections 13,26 and 27 of the Equality Act 2010, and of detriment and automatically unfair dismissal under sections 47B and 103A of the Employment Rights Act 1996 are not well founded and are dismissed; but that[2]The claimant’s claim of unfair dismissal under section 98 of the Employment Rights Act 1996 is well founded and succeeds, but[3]No basic or compensatory award is made under sections 119 and 123 of the Employment Rights Act 1996 as the tribunal finds that it is just and equitable to reduce those amounts to nil under sections 122(2) and 123(6) of that Act respectively.