Mr I P Spence v Esso Petroleum Company Ltd Esso UK Ltd and others: 1400577/2022
JUDGMENT
The proceedings against the Second and Third Respondents are dismissed by agreement. The Claimant’s complaints against the First Respondent continue. Employment Judge Gray Date: 1 November 2022 Judgment sent to Parties on 10th November 2022 FOR THE TRIBUNAL OFFICE 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 Number: 1400577/2022 EMPLOYMENT TRIBUNALS Claimant: Mr I P Spence Respondent: Esso Petroleum Company Limited Heard at: Bristol Employment Tribunal On: 4 to 14 September 2022 Before: Employment Judge J Bax Mrs D England Mr K Ghotbi-Ravandi Representation Claimant: Mr T Perry (Counsel) Respondent: Mr R Dennis (Counsel) JUDGMENT[1]The claims of direct discrimination and victimisation are dismissed upon their withdrawal by the Claimant.[2]The claims of race discrimination are dismissed upon their withdrawal by the Claimant.[3]The claims of indirect discrimination are dismissed.[4]The claims of harassment are dismissed.[5]The claim of breach of contract in respect of notice pay is dismissed.[6]The Respondent contravened section 39(2)(d) of the Equality Act 2010 and the Claimant succeeded in his claims of discrimination arising from disability and failure to make reasonable adjustments in respect of proceeding with the disciplinary hearing on 1 September 2021 in absence, earlier that it should have done. The other allegations of discrimination arising from disability and a failure to make reasonable adjustments are dismissed.[7]The Respondent unfairly dismissed the Claimant on 10 September 2021; however he would have been fairly dismissed by 30 September 2021. Remedy Remedy will be determined at a separate hearing. Case Number: 1400577/2022