Case 3314237/2021 · Employment Tribunal
Mr Marvin Barbe v The Brooke Weston Trust — 2023
- Case reference
- 3314237/2021
- Decision date
- 25 March 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge G Tobin Non-legal
- Venue
- Watford Hearing Centre
- Panel members
- Mrs S Goding, Mr J Williams
Parties
2 namedClaimant
Mr Marvin Barbe
Respondent
Key findings
Tribunal's reasoningThe hearing proceeded remotely in the claimant's absence under rule 47 of the Employment Tribunal Rules of Procedure 2013. The tribunal noted that the claimant did not attend or participate, while the respondent was represented by counsel. It then determined the case on the papers and the respondent's attendance.
The tribunal unanimously found that the respondent did not directly discriminate against Mr Marvin Barbe on grounds of race, contrary to s.13 Equality Act 2010. It also found that the respondent did not subject him to race-related harassment, contrary to s.26 Equality Act 2010. In both respects, the tribunal said the claimant's claims were without merit.
The tribunal further recorded that 8 of the 10 claims made by the claimant were out of time under s.123 Equality Act 2010. It added that, even if those claims had had merit, it would not have exercised its discretion to permit them to proceed on a just and equitable basis. Proceedings were dismissed.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | The tribunal found that the respondent did not directly discriminate against the claimant on grounds of race contrary to s.13 Equality Act 2010. The judgment also stated that 8 of the 10 claims were out of time under s.123 Equality Act 2010, but it did not identify in the extracted reasons which claims those were. | Dismissed | Race | — |
| Harassment | The tribunal found that the respondent did not subject the claimant to race-related harassment in breach of s.26 Equality Act 2010. The judgment also stated that 8 of the 10 claims were out of time under s.123 Equality Act 2010, but it did not identify in the extracted reasons which claims those were. | Dismissed | Race | — |
Legal tests applied
4 references- rule 47 Employment Tribunal Rules of Procedure 2013
- s.13 Equality Act 2010
- s.26 Equality Act 2010
- s.123 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.
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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