Ms A F De Araujo v Dr A Edwards and Mrs L Edwards T/a Park Cottage Dental Practice and Park Cottage Dental Practice Ltd: 1404365/2021
JUDGMENT
[1]The Claimant’s claims of victimisation on grounds of race and unlawful deductions from wages are dismissed, upon withdrawal.[2]The Claimant’s application for relief from sanctions in respect of the Tribunal’s Order of 19 August 2022, dismissing her claim of unfair dismissal, under Rule 38, is granted, on the basis that it would be in the interests of justice to do so, due to the error by the Tribunal in mistaking the related ‘unless’ order of 26 July 2022 as referring to her claim of unfair dismissal, when it in fact referred to her claim of victimisation. The Order of 19 August 2022 is therefore set aside. Employment Judge O’Rourke Date: 12 October 2022 Sent to the parties: 26 October 2022 For the Tribunal Office Case Number: 1404365/2021 EMPLOYMENT TRIBUNALS Claimant: Ms A F De Araujo Respondents 1. Dr A Edwards and Mrs L Edwards T/A Park Cottage Dental Practice 2. Park Cottage Dental Practice LimitedREASONS
The Claimant was ordered to pay a deposit of £100 following a preliminary hearing held on 12 October 2022. The Order was sent to her on 26 October 2022, but she has failed to pay this deposit. The complaints of harassment on the grounds of the Claimant’s race as set out in paragraph 6.1.1 of the Case Management Summary of 12 October 2022 are therefore struck out under rule 39(4) of the Employment Tribunals Rules of Procedure 2013. Employment Judge O’Rourke Date: 15 December 2022 Judgment sent to the Parties: 29 December 2022 FOR THE TRIBUNAL OFFICE Case Number: 1404365/2021 EMPLOYMENT TRIBUNALS Claimant: Mrs A De Araujo Respondents: Park Cottage Dental Practice Limited Heard at: Southampton On: 13-15 February 2023 Before: Employment Judge Self Mr N Thornback Mr K Ghotbi-Ravandi Appearances For the Claimant: Mr C Warnasuriya - Counsel For Respondent : Mr T Oxton – British Dental Association JUDGMENT[1]The Claimant’s claim that she was directly discriminated against because of her race is not well founded and is dismissed.[2]The Claimant’s claim that she was harassed for a reason related to her race is not well founded and is dismissed.[3]The Claimant’s claim that she was unfairly constructively dismissed is not well-founded and is dismissed.[4]The Claimant’s claim that she was wrongfully dismissed is not wellfounded and is dismissed.