In person For the v Mr A Leonhardt barrister — 2024

The claimant worked for the respondent as a Crew Member from 18 November 2022 to 31 December 2022 and worked four shifts. The tribunal found that, after travel difficulties, the claimant told the respondent's Business Manager that it was not feasible for him to work at that restaurant and that he would transfer to another restaurant nearer his home. The tribunal did not accept that he was dismissed on 31 December 2022 or that he was told this was because of a downturn in business or lateness.

The claimant's proposed race discrimination amendment concerned treatment during shifts and an alleged discriminatory dismissal. The tribunal accepted the claimant's evidence about what took place during the shifts but did not accept that it was an act of race discrimination, and found that the alleged failure to give a dismissal reason did not arise because he was not dismissed.

The tribunal found the claims were out of time, with no basis shown for reasonable practicability or for a just and equitable extension. It also found that, even taking the claims at their highest, the unfair dismissal, race discrimination, redundancy payment, and notice pay claims had no reasonable prospect of success and struck out all claims.