Mr D Ovierioba-Igbinoba v West Midlands Travel Ltd T/a National Express West Midlands: 3302667/2020
JUDGMENT
[1]There is a strongly arguable case that the pleaded acts of discrimination set out at paragraphs2.1 and2.2 of the Particulars of Complaint amounted to conduct extending over a period which began on 10 August 2019 when the claimant was investigated for potential misconduct and ended on 12 December 2019 when the appeal outcome was communicated to him. The end of that period is within the 3 months’ time limit under section 123(1)(a) of the Equality Act 2010.[2]As the matter stands at this stage, there is a weak but tenable argument that the claimant has been discriminated against.[3]The respondent’s application to strike out the claim under rule 37 on the grounds that it has no reasonable prospects of success therefore fails, that application having been made both in respect of the limitation period and the merits of the claimant’s claim. _______________________ Employment Judge Loy Date: 2 July 2021 Case Number:3302667/2020 2 Sent to the parties on: ..10/08/202.......... ................................................................ For the Tribunal Office . Note 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 Number: 3302667/2020 3302553/2020 1 EMPLOYMENT TRIBUNALS Claimant: Mr D Ovierioba-Igbinoba Respondent: West Midlands Travel Limited t/a National Express West Midlands Heard at: Watford On: 7, 8, 9 and 10 November 2022 Before: Employment Judge Maxwell Mr Sutton Mr Woodward Appearances For the claimant: in person For the respondent: Mr Riley, Solicitor[1]The Claimant’s claim of direct race discrimination is not well founded and is dismissed.[2]The Claimant’s claim of harassment related to race is not well founded and is dismissed EJ Maxwell Date: 10 November 2022 Sent to the parties on: 19/1//2023 For the Tribunal Office: NG