Mr Howard Moss v Eon Energy Solutions Ltd: 1801712/2019
EMPLOYMENT TRIBUNALS
Case No 1801712/2019
Between
Mr Howard MossClaimantEon Energy Solutions LtdRespondent
Before
Employment Judge D N Jones
Members
Ms H BrownMr J RhodesIn person for claimantMs A Mills (instructed by Solicitor) for respondentMs R Kight (instructed by counsel) for respondentDate 20 January 2020
JUDGMENT
The complaints of race discrimination are dismissed upon withdrawal. _____________________________ Employment Judge D N Jones Date 13 June 2019 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 No: 1801712/2019 10.2 Judgment - rule 61 March 2017 EMPLOYMENT TRIBUNALS Claimant: Mr H Moss Respondent: Eon Energy Solutions Limited Heard at: Leeds On: 19 August 2019 Before: Employment Judge Keevash Representation Claimant: In person Respondent: Ms A Mills, Solicitor PRELIMINARY HEARING JUDGMENT[1]The Respondent’s adjourned application for a strike out of part of the claim is refused save that:-1.1 The complaint under section 15 of the Equality Act 2010 that the Respondent failed to take the Claimant’s occupational health reports into consideration when it made the decision to dismiss him is struck out on the ground that it has no reasonable prospect of success and1.2 The complaint under sections 20 and 21 of the Equality Act 2010 that the Claimant was given no training following a gas leak in May 2017 and that he did not receive a written outcome to his grievance in relation to this is struck out on the ground that it has no reasonable prospect of success.[2]The complaint under section 15 of the Equality Act 2010 that the Respondent did not respond to the grievance raised by the Claimant against Mr Ellington in 2016 is dismissed on withdrawal by the Claimant.[3]The complaint under sections 20 and 21 of the Equality Act 2010 that the Claimant was Case No: 1801712/2019 10.2 Judgment - rule 61 March 2017 repeatedly called whilst working in customer’s properties is dismissed on withdrawal by the Claimant. _____________________________ Employment Judge Keevash 3 September 2019 Date__________________________ 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: 1801712/2019 EMPLOYMENT TRIBUNALS Claimant: Mr H Moss Respondent: Eon Energy Solutions Limited AT A HEARING Heard at: Leeds On: 13th, 14th, 15th, 16th , 17th & 20th January 2020 Before: Employment Judge Lancaster Members: Ms H Brown Mr J Rhodes Representation Claimant: In person, assisted by his wife Mrs L Moss Respondent: Ms R Kight, counsel[1]BY CONSENT it is declared that the Respondent had made an unauthorised deduction from the Claimant’s final wages payment.[2]The Respondent is ordered to pay to the Claimant the gross sum deducted, £500.00[3]The Claimant was fairly dismissed. The claim of unfair dismissal is dismissed.[4]The Claimant was wrongfully dismissed. The claim for breach of contract succeeds.[5]The Respondent is ordered to pay to the Claimant damages in the agreed sum of £6632.50 gross.[6]All claims for direct discrimination because of disability, discrimination because of something arising in consequence of disability, harassment related to disability and a failure to make reasonable adjustments are dismissed.