Ms C Diaconu v HMR Medical and Nursing and Engleburn Care Home: 1404919/2018

EMPLOYMENT TRIBUNALS

Case No 1404919/2018

Between

Ms C DiaconuClaimant

HMR Medical & Nursing 1 2 Engleburn Care HomeRespondent

Before

Employment Judge Livesey

In person for claimant

Not represented for respondent

Date 20 January 2020

JUDGMENT

Employment Tribunals Rules of Procedure 2013 – Rule 21 The claim succeeds against the Second Respondent and the remedy to which the Claimant is entitled will be determined at a Remedy Hearing. _____________________________ Employment Judge Livesey Date: 28 January 2019 Case Number: 1404919/2018 1 THE EMPLOYMENT TRIBUNAL SITTING AT: SOUTHAMPTON BEFORE: EMPLOYMENT JUDGE EMERTON (sitting alone) BETWEEN: Ms C Diaconu Claimant AND Engleburn Care Home Respondent ON: 20 January 2020 APPEARANCES: For the Claimant: In person For the Respondent: Was not represented REMEDY JUDGMENT Following Rule 21 liability judgment (sent to the parties 28 January 2019) The judgment of the tribunal is as follows:

[1]The claim before the tribunal is one of direct race discrimination, because of Romanian nationality, under sections 9 and 13 of the Equality Act 2010.

[2]The tribunal declares that the claimant was discriminated against in that:a. Having accepted employment through an agency on the basis that she would receive hotel accommodation, she was instead expected to live in a caravan;

b. She was only provided with a few hours of work each week, notwithstanding that she had been led to believe she would receive 50 to 60;

c. The respondent encouraged the claimant to resign from the agency and take up direct employment; and Case Number: 1404919/2018 2

d. When the claimant resigned from the agency, she was required to leave her accommodation, and to do so with a lack of reasonable notice.

[3]The claimant does not seek financial compensation, and none has been ordered.