Mr M Vry v DHL Services Ltd: 1308526/2019
JUDGMENT
[1]The complaints of race discrimination, arrears of pay and other are dismissed following a withdrawal by the claimant. The claimant’s remaining claims will proceed to a hearing on 18-20th August 2021 (subject to the outcome of the Preliminary Hearing on 8th January 2021). Employment Judge S Britton 06 August 2020[2]Case No: 1308526/2019 10.2 Judgment - rule 61 February 2018 EMPLOYMENT TRIBUNALS Claimant: Mr M Vry Respondent: DHL Services Limited Heard at: Birmingham Employment Tribunal (by CVP) On: 08 January 2021 Before: Employment Judge Mark Butler Representation Claimant: No attendance Respondent: Ms R Levene (of Counsel), with Ms M Honey (trainee solicitor) in attendance This has been a remote hearing which has not been objected to by the parties. The form of remote hearing was V. A face to face hearing was not held because of the ongoing pandemic and all issues could be determined in a remote hearing. The documents that I was referred to are in a bundle of 112 pages, The order made is described below. JUDGMENT (OPEN PRELIMINARY HEARING) The claimant’s claims are struck out.REASONS
[1]The claimant has not discharged the evidential burden to satisfy this tribunal that he is legally disabled, pursuant to section 6 of the Equality Act 2010, having presented no evidence.[2]The claim in its entirety is struck out under Rule 37 of the Rules contained in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 on the grounds:a. of having no reasonable prospects of success in terms of rule 37(1)(a).b. that the claim has not been actively pursued in terms of rule 37(1)(d). Case No: 1308526/2019 10.2 Judgment - rule 61 February 2018[3]The hearing fixed for 18- 19 and 20 August 2021 will not take place. Signed by: