Mr K Byfield v AD Williams Express Heathrow Ltd: 3300498/2023
JUDGMENT
The judgment of the Tribunal is that the complaint of unfair dismissal is struck out. The claimant’s remaining complaints are unaffected by this judgment. They will proceed to the preliminary hearing listed for 9 August 2023. _____________________________ Employment Judge McCarthy Date: 28 June 2023 JUDGMENT SENT TO THE PARTIES ON 24 July 2023 J Moossavi FOR THE TRIBUNAL OFFICE Note Case No: 3300498/2023 2 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: 3300498/2023 EMPLOYMENT TRIBUNALS Claimant: Mr K Byfield Respondent: AD Williams Express Heathrow Ltd Heard at: Watford On: 1 to 3 May 2024 Before: Employment Judge Dick Mr F Wright Representation Claimant: In person Respondent: Ms E Sole (counsel) JUDGMENT The unanimous judgment of the Tribunal is as follows:[1]The complaint of direct race discrimination is not well-founded and is dismissed.[2]The following complaints of harassment related to race are well-founded and succeed:a. An employee of the respondent singing and shouting, in front of some of the claimant’s colleagues, “What a beautiful chocolate man” during the claimant’s first week of employment on multiple occasions.b. The same employee of the respondent singing and shouting, in front of some of the Claimant’s colleagues, “What a beautiful chocolate man” during the remaining period of the claimant’s employment.c. A different employee of the respondent saying, in the claimant’s presence and in relation to a customer: “This stupid Paki, I hate these Muslim people.”[3]The remaining complaints of harassment related to race are not wellfounded and are dismissed.[4]Remedy will be determined at a hearing at 10 a.m. on 12 July 2024 at Watford Employment Tribunal. Case No: 3300498/2023