Mr K Mattox v Arc Construction Group Ltd and CPR Recruitment Ltd: 3205555/2022
EMPLOYMENT TRIBUNALS
Case No 3205555/2022
Between
Mr K MattoxClaimantArc Construction Group Ltd and CPR Recruitment LtdRespondent
Before
Employment Judge Brewer
Members
Mrs G ForrestMrs BK SaundIn person for claimantDate 13 October 2023
JUDGMENT
The Tribunal does not have jurisdiction to hear the Claimant’s claim for unfair dismissal which is therefore dismissed. Employment Judge Brewer Date: 17 April 2023 Case Number: 3205555/2022 - 1 - EMPLOYMENT TRIBUNALS Claimant: Mr K Mattox Respondents:(1) ARC Construction Group Ltd.(2) CPR Recruitment Ltd. Heard at: East London Hearing Centre On: 11, 12 & 13 October 2023 Before: Employment Judge B Beyzade Members: Mrs G Forrest Mrs BK Saund Representation For the Claimant: In person For the Respondents: Mr J Whyman, Business Manager (1st respondent) Mr T Sutton, Director (2nd respondent) JUDGMENT OF THE EMPLOYMENT TRIBUNAL The judgment of the tribunal is that:[1.1]The claimant was a contract worker in terms of section 41(7) of the Equality Act 2010 and the first respondent was acting as principal as defined at section 41(5) of the Equality Act 2010.[1.2]The second respondent was an employment service provider as defined at section 56(2)(d) and (e) of the Equality Act 2010.[1.3]The claimant’s complaint of harassment related to race as recorded at paragraphs 3.1.1 and 3.2.1 of the List of Issues is well founded and it succeeds, and the claimant is awarded compensation for injury to feelings in respect thereof which the respondents are ordered to pay to the claimant on a joint liability basis in the sum of ONE THOUSAND EIGHT HUNDRED AND SEVENTY EIGHT POUNDS AND SIX PENCE (£1878.06) [comprising £1750.00 for injury to feelings and interest on that amount from 10 November 2022 to 13 October 2023 in the amount of £128.06 (337 days x £0.38 daily rate)]. Case Number: 3205555/2022 - 2 -[1.4]The claimant’s complaints of direct race discrimination as recorded at paragraphs 2.1.2, 2.2.2 of the List of Issues, and harassment related to race as recorded at paragraphs 3.1.2, and 3.2.2 of the List of Issues having been withdrawn by the claimant, are dismissed pursuant to Rule 52 of Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.[1.5]The claimant’s complaints of direct race discrimination as recorded at paragraphs 2.1.1, 2.1.3, 2.2.1, and 2.2.3 of the List of Issues are not well founded, and they are hereby dismissed.[1.6]The claimant’s complaint of victimisation is not well founded, and it is hereby dismissed.