Case 3302874/2020 · Employment Tribunal
Mr C Ononye v And 1 Man Commercial Protections Limited 2 Amazon UK Services Limited Held by CVP on 18 March 2021 — 2021
- Case reference
- 3302874/2020
- Decision date
- 18 March 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Kurrein Statement
Parties
2 namedClaimant
Mr C Ononye
Key findings
Tribunal's reasoningThe claimant presented a race discrimination claim on 3 March 2020 naming his employer, Man Commercial Protections Limited, and Amazon UK Services Limited as respondents. The hearing before Employment Judge Kurrein concerned the second respondent's application to strike out the claim on the basis that it had no reasonable prospect of success.
The tribunal found that the claimant was employed by the first respondent and worked at the second respondent's Peterborough fulfilment centre. It identified the pleaded claims as direct discrimination and harassment, but noted that the only identified perpetrators of the alleged conduct were employed or contracted to the first respondent.
Because there was no allegation in the claim about the conduct of the second respondent, or of any of its employees or contractors, the tribunal held that the claims against the second respondent could not succeed. It referred in particular to Ministry of Defence v Kemeh [2014] ICR 625 and said that, in those circumstances, the second respondent would not be an agent for the purposes of section 109 Equality Act 2010. The judgment therefore struck out the claims against the second respondent.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | Struck out as against the second respondent because the tribunal found the claim had no reasonable prospect of success; the alleged perpetrators were employed or contracted to the first respondent, and there was no allegation concerning the second respondent or its employees/contractors. | Struck out | Race | — |
| Harassment | Struck out as against the second respondent on the same basis as the direct discrimination claim: no allegation was made about conduct by the second respondent or its employees/contractors, so the tribunal found no reasonable prospect of success. | Struck out | Race | — |
Legal tests applied
3 references- no reasonable prospect of success
- s.109 Equality Act 2010
- Ministry of Defence v Kemeh [2014] ICR 625
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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