Ms J Robinson v Nourish Contract Catering Ltd: 2300619/2021
EMPLOYMENT TRIBUNALS
Case No 2300619/2021
Between
Ms J RobinsonClaimantNourish Contract Catering LimitedRespondent
Before
Employment Judge CorriganMr A Purvis (instructed by Solicitor) for respondentMs Cashell (instructed by Counsel) for respondentDate 10 April 2023
JUDGMENT
[1]The claims for age discrimination and unfair dismissal under s104 Employment Right Act 1996 are dismissed upon withdrawal. Employment Judge Corrigan 27 June 2022 Public access to Employment Tribunal Judgments All judgments and written reasons for the judgments are published online shortly after a copy has been sent to the Claimant(s) and Respondent(s) in a case. They can be found at: www.gov.uk/employment-tribunal-decisions. Case Number: 2300619/2021 1 of 2 EMPLOYMENT TRIBUNALS Claimant: Ms J Robinson Respondent: Nourish Contract Catering Limited Heard by video on: 28 February 2023 Before: Employment Judge Braganza KC Appearances: For the Claimant: Mr J Neckles, PTSC Union For the Respondent: Ms Cashell, Counsel[1]The claims for unauthorised deduction from wages under section 13 of the Employment Rights Act 1996, unlawful detriment under section 12 of the Employment Rights Act 1996, harassment related to race under section 26 of the Equality Act 2020, and direct discrimination on grounds of race and/or disability in withholding sick pay under section 13 of the Equality Act 2010 are dismissed upon withdrawal.[2]The claim for wrongful dismissal succeeds on the Respondent’s admission of liability. The remedy to which the Claimant is entitled will be determined at the hearing on 16 May 2023.[3]The claims of direct discrimination on grounds of race and/or disability under section 13 of the Equality Act 2010 and the claim of the Respondent failing to make a reasonable adjustment in not placing the Claimant on the Furlough Scheme under section 20 and 21 of the Equality Act 2010 are struck out under rule 37(1) of Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 as having no reasonable prospect of success. Case Number: 2300619/2021 2 of 2