Mr A Vastola v Spiers & Hartwell Ltd: 1304943/2018

EMPLOYMENT TRIBUNALS

Case No 1304943/2018

Between

Mr A VastolaClaimant

Spiers & Hartwell LtdRespondent

Before

Employment Judge V. Jones

Members

Mrs B.E. Hicks and Mr M.J. Pearson

Mr M Longobardi (instructed by lay representative) for claimant

Mr J Heard (instructed by counsel) for respondent

Date 4 November 2019

JUDGMENT

[1]The claimant’s complaint of race discrimination contrary to sections 13(1) and 39(2) Equality Act 2010 (EQA) is dismissed;

[2]The complaint of victimisation contrary to sections 27 and 39(4) EQA is dismissed following withdrawal by the claimant;

[3]The claimant’s claim of unfair dismissal under s111 Employment Rights Act 1996 (ERA) is dismissed for want of jurisdiction. The claimant does not have the minimum length of service required under section 108(1) ERA to bring such a claim and none of the exemptions to that requirement in section 108(3) ERA apply;

[4]The claimant is ordered, under rule 76(1)(a) and (b) and rule 78(1)(a) Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, to pay the respondent the sum of £13,060.00 in respect of their legal costs. Payment must be made to the respondent’s solicitors in full by 30 November 2019. .