Claimant v Robertson Construction Group Ltd — 2019

The claimant presented claims of unfair dismissal and race discrimination. At the preliminary hearing on 1 February 2019, she confirmed that she wished to withdraw the unfair dismissal claim because she understood that she did not have the necessary qualifying service for such a claim. The tribunal recorded that the unfair dismissal claim would be dismissed on withdrawal.

The tribunal also dealt with the identity of the respondent. The claimant accepted that the named respondent in the ET1, Charlene Archibald, was in fact a manager employed by the company against which she wished to direct the claim. The respondent’s solicitor said the intended respondent was Robertson Construction Group Limited, and the claimant agreed that the claim should be directed at that company. The tribunal amended the respondent accordingly and dismissed the claim insofar as it was directed against Charlene Archibald.

The claimant confirmed that she had been employed by Office Angels and assigned to work at the respondent’s business, but the respondent accepted that this did not prevent her from advancing a race discrimination claim. No merits findings were made on that claim at this hearing. Instead, the tribunal directed the claimant to provide further and better particulars within 14 days, with any respondent’s reply due 14 days later, and noted that a full hearing would be fixed after receipt of those particulars.

The claimant also asked the tribunal to make a recommendation that when the respondent recruits someone from a different background, it should acknowledge cultural sensitivities and treat the person appropriately according to those sensitivities. The note records that the issue of judicial mediation was discussed, but neither party wished to engage in it at that stage.