Case 2200493/2020 · Employment Tribunal
Mr Neckles (PTSC Union). v Mr Nuttman Solicitor — 2021
- Case reference
- 2200493/2020
- Decision date
- 9 March 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Sutton QC
- Panel members
- Ms L. Jones, Ms S. Aslett
Parties
2 namedClaimant
Mr Neckles (PTSC Union).
Respondent
Key findings
Tribunal's reasoningThe claimant, who described himself as Black British of African origin and was of Zimbabwean nationality, had worked as a bus operator/driver since 2004. In 2019 Route 27, to which he was assigned, was lost by the respondent to Abellio. The respondent consulted affected staff and the claimant was told he could transfer to Abellio with his existing terms preserved, move to another vacancy within the respondent if available on the terms attached to that vacancy, or decline transfer. He objected to the transfer, raised a grievance on 8 October 2019, and resigned on 7 November 2019.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | Claim pleaded as constructive unfair dismissal; the tribunal found no repudiatory breach, no breach of the implied term of mutual trust and confidence, and no constructive dismissal. | Dismissed | — | — |
| Race discrimination | The tribunal found the named comparators did not support an inference of less favourable treatment and that none of the complained-of treatment was because of race. | Dismissed | Race | — |
| Harassment | The tribunal held that the complaint was without substance and that the conduct relied on did not fall within s.26 Equality Act 2010. | Dismissed | Race | — |
| Victimisation | The tribunal found no evidence that any detriment was suffered because of a protected act. | Dismissed | — | — |
| Wrongful dismissal | The tribunal rejected the claim for notice pay because it found no breach of contract entitling the claimant to treat himself as discharged without notice. | Dismissed | — | — |
Legal tests applied
7 references- s.95(1)(c) ERA 1996
- Western Excavating (ECC) Ltd v Sharp
- implied term of mutual trust and confidence
- Kaur v Leeds Teaching Hospitals NHS Trust
- s.13 Equality Act 2010
- s.27 Equality Act 2010
- s.26 Equality Act 2010
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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