Mr I Hamonda v GI Group Recruitment Ltd and BMW (UK) Manufacturing Ltd: 3301612/2020

EMPLOYMENT TRIBUNALS

Case No 3301612/2020

Between

Mr I HamondaClaimant

GI Group Recruitment Ltd and BMW (UK) Manufacturing LtdRespondent

Before

Employment Judge A M Buchanan

In person for claimant

Date 19 September 2023

JUDGMENT

ON PUBLIC PRELIMINARY HEARING It is the Judgment of the Tribunal that:

[1]The claimant was not dismissed by the first respondent on 14 August 2019. The complaint of unfair dismissal advanced against the first respondent pursuant to sections 94/94 of the Employment Rights Act 1996 is dismissed.

[2]The complaint of disability discrimination advanced by the claimant against the first respondent pursuant to the provisions of the Equality Act 201 (“the 2010 Act”) will proceed to full hearing through the gateway provided by section 39 of the 2010 Act.

[3]The claimant was not an employee of the second respondent pursuant to the definition contained in section 230 of the 1996 Act. Any complaint of unfair dismissal advanced against the second respondent pursuant to the 1996 Act is dismissed. The question of whether any complaint of unfair dismissal pursuant to the provisions of the Case Number: 3301612/2020 2 1996 Act was filed in time as required by section 111(2) and 111(2A) of the 1996 Act falls away.

[4]The claimant was not an employee of the second respondent pursuant to the definition contained in section 83 of the 2010 Act.

[5]The claim of disability discrimination advanced against the second respondent pursuant to the provisions of the 2010 Act was not presented before the end of the period of three months starting with the date of the act to which the complaint relates as set out in section 123(1)(a) of the 2010 Act (read together with section 140B of the 2010 Act). However, the claim was brought within such other period as was just and equitable as set out in section 123(1)(b) of the 2010 Act and can proceed to final hearing.

[6]The claim of disability discrimination advanced against the second respondent will proceed through the gateway provided by section 41 of the 2010 Act. ___________________________________ EMPLOYMENT JUDGE A M BUCHANAN