Mr P Redwan v Beam Suntory UK Ltd: 4110867/2019

EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 4110867/2019Venue GlasgowHearing 2 November 2020
Mr Piotr RedwanClaimantBeam Suntory UK LimitedRespondent
Employment Judge Ian McPhersonMr Fraser Godden for claimantStudent Adviser for claimantStrathclyde University for claimantLaw Clinic for claimantBeam Suntory UK Limited Respondents for claimantRepresented by: for claimantMr Michael McLaughlin (instructed by Solicitor) for claimantDate 2 November 2020

JUDGMENT

The alleged unlawful direct discrimination on the grounds of race part of the claim, having been withdrawn by the claimant’s representative at this Preliminary Hearing, on the basis that the claimant no longer wishes to make any such complaint against the respondents, that part of the claim is dismissed by the Tribunal under Rule 52 of the Rules contained in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. The remaining part of the claim, complaining of alleged unfair dismissal by the respondents, is unaffected by this part-withdrawal, and it will proceed as previously ordered by the Tribunal to the listed 4-day Final Hearing on 2 to 5 November 2020 for full disposal, including remedy, if appropriate.

REASONS

(1) Having heard both parties’ representatives, in Preliminary Hearing to consider the claimant’s opposed application to amend the ET1 claim form, which the Tribunal granted, in part only, for the reasons given orally at this Preliminary Hearing, the Tribunal notes and records that the claimant’s representative advised at this Preliminary Hearing, in terms of Rule 51 of the Employment Tribunal Rules of Procedure 2013, that the claimant no longer wishes to make any complaint against the respondents alleging unlawful direct discrimination on the grounds of race, contrary to Section 13 of the Equality Act 2010, and he intends only to pursue the remaining complaint of alleged unfair dismissal by the respondents in terms of Section 98 of the Employment Rights Act 1996.(2) In these circumstances, the claimant’s representative having intimated that the claimant was withdrawing that part of his claim, in terms of Rule 51, the respondents’ representative sought dismissal of that part of the claim under Rule 52, which the Tribunal granted.