Mr H-S Moune Nkeng v Barclays Execution Services Ltd and others: 3202089/2020 and others
EMPLOYMENT TRIBUNALS
Case No 3202089/2020, 3202090/2020, 3200325/2021
Between
Mr H-S Moune NkengClaimant(1) Barclays Execution Services Limited (2) Mr J Kim (3) Mr G Reinacker (4) Ms Hua Yi Li (5) Mr P Rood (6) Ms F Richardson And in Case No: 3200325/2021 (additionally) (7) Konstantina Armata (R5) (8) Claire Fordham (R6) (9) Sonya Boniface (R7) (10) Estelle Gonzalez (R8) (11) Melanie Phillips (R9)Respondent
Before
Employment Judge CrosfillAlthea Brown (instructed by Counsel) for claimantClaire McCann (instructed by Counsel) for respondentDate 16 February 2022
JUDGMENT
[1]The Tribunal found that the Claimant met the statutory test for disability set out in Section 6 of the Equality Act 2010 from 1 March 2016 by reason of a physical impairment to his knee joints and not before. Case Numbers: 3202089/2020 & 3202090/2020 & 3200325/2021[2]Insofar as the Claimant’s claims relied upon any disability predating 1 March 2016 the said claims are struck out as having no reasonable prospect of success.[3]By consent the Claimant’s claims brought under Sections 19 and 39 of the Equality Act 2010 of indirect discrimination based on the protected characteristics of Race or disability are dismissed upon withdrawal by the Claimant.[4]The Claimant’s claims in case No: 320325/2021 against Konstantina Armata (R5), Clair Fordham (R6) and Sonya Boniface (R7) are struck out on the basis that there were no allegations pleaded against them and accordingly the claims had no reasonable prospects of success. BY CONSENT AND UPON the Respondents agreeing that they will take no point arising from the ACAS Early Conciliation process in respect of Case No 320090/2020[5]Case No 3202089/2020 is dismissed upon withdrawal by the Claimant.