Mr C. Afari v ICTS (UK) Limited and 2 others — 2021

The Tribunal, sitting at East London Hearing Centre by CVP before Employment Judge Massarella with Prof. J. Ukemenam and Ms. J. Houzer, considered claims by Mr C. Afari, a security supervisor, against ICTS (UK) Limited (R1), Mr R. Frost (R2) and Corps Security (UK) Limited (R3). The Respondents conceded that the Claimant was a disabled person at the material time by reason of hypertension and depression. The factual context concerned the Claimant's short period of employment with R1 at an Amazon site in Dartford, his communications about his disability and adjustments, his removal from site in October 2021, the service provision change from R1 to R3 on 1 November 2021, and his dismissal on 3 November 2021.

The Tribunal held that the Claimant's employment did not transfer from R1 to R3 under TUPE because he was not assigned to the relevant grouping immediately before the transfer. It upheld the Claimant's claim that his dismissal by R1 was an act of victimisation. All other victimisation claims against R1, R2 and R3 were not well-founded and were dismissed. The disability discrimination claims (direct discrimination under s.13 and discrimination arising from disability under s.15 of the Equality Act 2010) against all three Respondents were dismissed.

The claims of unauthorised deduction from wages (including holiday pay) against R1 and the claim under the Working Time Regulations in respect of rest breaks were also dismissed as not well-founded. The extracted text sets out the Tribunal's reserved judgment and findings of fact but does not include a quantified remedy in the portion supplied; remedy figures were therefore not extracted.