Mr K Derera v Duranta Teesside Ltd: 2501307/2023
JUDGMENT
The following parts of the claim are struck out:• Complaint 2 – the respondent failed to take action when his signature was forged.• Complaint 4a – the claimant was singled out for disciplinary action - on 10 June 2023 he was sent a letter of concern.• Complaint 4c – the claimant was singled out for disciplinary action - on 15 September 2022 he was given a verbal warning for leaving the building without signing out.• Complaint 5 - The respondent failed to act on the claimant’s complaints of discrimination – at meetings on 13 June 2022 and 21 July 2022 at meetings with Paul Iveson and Rebecca Newsome (HR).• Complaint 6b - After reporting discrimination the claimant was harassed by vexatious disciplinary actions based on baseless allegations - on 15 September 2022 he was given a verbal warning for leaving the building without signing out.• Complaint 2 as part of a continuing act with Complaints 4 and/or 5 and/or 6• Complaint 5 as part of a continuing act with Complaints 4 and/or 6• Complaint 5 as part of a continuing act with Complaint 2 and/or 4 and/or 6.REASONS
[1]The claimant was ordered to pay a deposit of £60. The Order was sent to the claimant on 6 March. The claimant has failed to pay this deposit. The complaints listed are therefore struck out under rule 39(4) of the Employment Tribunals Rules of Procedure 2013.[2]The remaining claims remain listed for a Preliminary Hearing (Case Management) on 13 May 2024. Employment Judge Jeram Date: 3 May 2024 Case No: 2501307/2023 7.6C Deposit not paid – Judgment - claimant Rule 39 EMPLOYMENT TRIBUNALS Claimant: Mr K Derera Respondent: Duranta Teeside Ltd[1]The claimant was ordered to pay a deposit of £10.00 following a preliminary hearing held on 4 March 2024 and a Deposit Order dated 1 May 2024. The Order was sent to the claimant on 2 May 2024.The claimant has failed to pay this deposit. The complaint of direct race discrimination that the claimant was suspended after being involved in a telehandler crash is therefore struck out under rule 39(4) of the Employment Tribunals Rules of Procedure 2013.[2]The remaining claims (that are not subject to this judgment or the judgment of 3 May 2024) continue to be subject to the strike out warning sent to the claimant on 12 September 2024.