Case 3307022/2022 · Employment Tribunal
Mr M Jaabouk v Arriva The Shires Limited — 2024
- Case reference
- 3307022/2022
- Decision date
- 24 January 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Danvers REPRESENTATION
- Venue
- By video
Parties
2 namedClaimant
Mr M Jaabouk
Respondent
Key findings
Tribunal's reasoningThis was a preliminary hearing in public before Employment Judge Danvers, heard by video on 17 January 2024. The tribunal dealt with the Claimant's application to amend his claim against Arriva the Shires Limited.
Permission was granted to amend the claim to include allegations of direct race discrimination, race harassment, and victimisation. The permitted allegations covered events said to have occurred between 2019 and 2022, including recruitment for a store person role, six duty manager and relief duty manager roles, an additional mentoring session, and matters arising after the Claimant's suspension. The tribunal stated that whether the above claims were brought in time would be determined at the final hearing.
The tribunal refused one proposed race harassment allegation concerning Jonathan Evans saying he knew nothing about the Claimant's duty manager application. It also struck out two direct race discrimination allegations from August and September 2016 about trainee bus driver recruitment and mailing-list inclusion under Rule 37(1)(a), on the basis that there was no reasonable prospect of those allegations being found to have been brought within the relevant time limit or otherwise as just and equitable.
Claims and outcomes
4 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 |
|---|---|---|---|---|
| Race discrimination | Two direct race discrimination allegations concerning August 2016 trainee bus driver recruitment and September 2016 mailing-list inclusion were struck out under Employment Tribunal Rule 37(1)(a) because the tribunal found no reasonable prospect of them being shown to have been brought within the 3-month period or otherwise as just and equitable. | Struck out | Race | — |
| Race discrimination | Permission was granted to amend the claim to add direct race discrimination allegations said to have occurred in August 2020, September 2020, autumn 2020, and February 2021. The tribunal recorded that timeliness of the above claims would be determined at the final hearing. | Other | Race | — |
| Harassment | Permission was granted to amend the claim to add race harassment allegations said to have occurred on or around 27 February 2019, in or around April 2019, in or around December 2019, and on or around 20 August 2020. A separate proposed race harassment allegation concerning Jonathan Evans saying he knew nothing about the duty manager application was refused. | Other | Race | — |
| Victimisation | Permission was granted to amend the claim to add victimisation allegations concerning a request for emergency tickets on the Claimant's return from a suspension starting on 24 February 2021, and events on 6 September 2022 involving management and union members. | Other | — | — |
Legal tests applied
3 references- Employment Tribunal Rule 37(1)(a)
- 3-month limitation period
- just and equitable
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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