Case 4103884/2018 · Employment Tribunal
Members: Iain MacFarlane Peter Kelman Mr Anatoliy Arkhipov v Manpower UK Ltd — 2018
- Case reference
- 4103884/2018
- Decision date
- 13 December 2018
- Jurisdiction
- Scotland
- Judge
- Employment Judge Ian McPherson
- Venue
- Glasgow
- Panel members
- Iain MacFarlane, Peter Kelman
Parties
2 namedClaimant
Members: Iain MacFarlane Peter Kelman Mr Anatoliy Arkhipov
Respondent
Key findings
Tribunal's reasoningThe tribunal found that the claimant had not been dismissed on 19 January 2018 following the end of his assignment with Microfocus, or at all. It found that at the close of the final hearing he remained an employee of the respondent, having neither resigned nor been dismissed.
On that basis, the tribunal held that the unfair dismissal complaint under sections 94 and 98 of the Employment Rights Act 1996 was not well founded and dismissed it. It also dismissed the associated complaint that the respondent had failed to provide a written statement of reasons for dismissal under section 92 of the 1996 Act.
The tribunal also dismissed the claimant's complaint of unlawful indirect race discrimination concerning the respondent's English language proficiency test for the Inside Partner Business Manager role applied for on 23 January 2018, which he did not pass on 24 January 2018. It found that complaint not well founded under section 19 of the Equality Act 2010.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found there had been no dismissal, so the unfair dismissal complaint failed. | Dismissed | — | — |
| Other | Complaint of failure to provide a written statement of reasons for dismissal under section 92 ERA 1996 was dismissed because the tribunal found there had been no dismissal. | Dismissed | — | — |
| Race discrimination | The indirect race discrimination claim concerned the respondents' English language proficiency test for an Inside Partner Business Manager role, which the claimant failed on 24 January 2018. | Dismissed | Race | — |
Legal tests applied
3 references- Sections 94 and 98 ERA 1996
- Section 92 ERA 1996
- Section 19 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
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