Case 3202631/2020 · Employment Tribunal
Mr R Barb v BDW Trading Limited — 2021
- Case reference
- 3202631/2020
- Decision date
- 8 March 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Jones
Parties
2 namedClaimant
Mr R Barb
Respondent
Key findings
Tribunal's reasoningThe claimant applied on 10 March 2021 for reconsideration of the judgment sent to the parties on 8 March 2021. Employment Judge Jones refused the application on 7 April 2021 under Rule 72 of the Employment Tribunals Rules of Procedure 2013, saying there were no reasonable prospects of the original decision being varied or revoked because the application repeated points already made at the preliminary hearing on 26 February 2021 and did not identify any new reason why reconsideration was required.
In the underlying decision, the Tribunal held that the complaint of direct race discrimination, based on alleged incidents on 24 October 2019, 14 February 2020 and 28 February 2020, was out of time and that the Tribunal had no jurisdiction to hear it. Those complaints were struck out. The Tribunal also refused the claimant's application to add complaints of harassment and unfair dismissal to the claim.
The judgment further recorded that the claimant did not have two years' service at the termination of employment on 5 June 2020, so the Tribunal had no jurisdiction to hear the unfair dismissal complaint. No remedy or award was made.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | Direct race discrimination complaints relating to alleged incidents on 24 October 2019, 14 February 2020 and 28 February 2020 were found to be out of time and outside the Tribunal's jurisdiction. | Struck out | Race | — |
| Unfair dismissal | The Tribunal held that the claimant did not have two years' service at the termination of employment on 5 June 2020, so it had no jurisdiction to hear the unfair dismissal complaint. The application to add unfair dismissal to the claim was refused. | Struck out | — | — |
Legal tests applied
2 references- Rule 72 of the Employment Tribunals Rules of Procedure 2013
- Rules 70 and 72 of the Employment Tribunals Rules of Procedure 2013
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
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