Case 3200163/2019 · Employment Tribunal
Mr G Idenekpoma v PMP Recruitment Limited (in administration) and 1 other — 2019
- Case reference
- 3200163/2019
- Decision date
- 17 December 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ross Representation
- Venue
- London East
Parties
3 namedClaimant
Mr G Idenekpoma
Key findings
Tribunal's reasoningThis was a preliminary judgment on strike-out applications. The tribunal identified the complaints after questioning the claimant because the further information previously provided had not made the claims clear. The tribunal recorded complaints concerning unfair dismissal, direct race discrimination, victimisation, and direct age discrimination.
The unfair dismissal complaint against Amazon UK Service Ltd was struck out because the claimant accepted that Amazon never employed him. The unfair dismissal complaint against PMP Recruitment Ltd was not struck out because there were disputes of fact about whether the claimant had been dismissed, why the assignment ended, and whether further work had been offered.
The direct age discrimination complaint against PMP Recruitment Ltd was struck out because the tribunal found no allegation of less favourable treatment because of the claimant's age. The tribunal also recorded that no age discrimination complaint had been brought against Amazon.
The remaining strike-out applications were refused. The tribunal held that several direct race discrimination and victimisation allegations required findings of fact after oral evidence, including matters concerning recruitment to a permanent role, removal from the warehouse or termination of assignment, and alleged unsafe equipment. The tribunal also held that the allegation about ignored back pain and adjustments did not form part of the claim and would not be determined at the final hearing.
Claims and outcomes
7 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The application to strike out the unfair dismissal complaint against PMP Recruitment Ltd was refused; the tribunal found it required oral evidence and relevant documents. | Other | — | — |
| Unfair dismissal | The unfair dismissal complaint against Amazon UK Service Ltd was struck out because it was common ground that Amazon never employed the claimant. | Struck out | — | — |
| Age discrimination | The direct age discrimination complaint against PMP Recruitment Ltd was struck out as having no reasonable prospect of success. The tribunal recorded that no age discrimination complaint had been brought against Amazon. | Struck out | Age | — |
| Race discrimination | The applications to strike out the remaining direct race discrimination complaints were refused, including complaints about permanent appointment, alleged misleading about appointment after temporary work, termination/removal issues, and alleged unsafe equipment. Some allegations were recorded as having evidential weaknesses or little reasonable prospect of success, but were not struck out. | Other | Race | — |
| Race discrimination | The alleged complaint that PMP and Amazon ignored back pain and refused adjustments because of race was held not to form part of the claim and not to be a complaint for determination at the final hearing. |
Legal tests applied
7 references- Chandhok v Tirkey [2015] ICR 527
- Rule 37(1)(a) Employment Tribunals Rules of Procedure 2013
- Anyanwu v South Bank Students' Union [2001] IRLR 305
- Mechkarov
- Ahir v British Airways Plc [2017] EWCA Civ. 1392
- section 39 Equality Act 2010
- section 27 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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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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