Arcus FM Ltd

Case Summary

The employment tribunal dismissed Mr B Austin’s claims of constructive unfair dismissal, race discrimination and whistleblowing detriment. The decision was based on the Claimant's non-attendance at the hearing and the lack of an arguable basis for the race discrimination claim.

The claimant failed to attend the hearing, and additionally there was no arguable basis for the race discrimination claim.

• •Claimant's non-attendance at the hearing
• •Striking out of race discrimination claim due to lack of arguable basis
• •Dismissing whistleblowing detriment claim on withdrawal

1 EMPLOYMENT TRIBUNALS Claimant: Mr B. Austin Respondent: Arcus FM Limited Heard at: East London Hearing Centre On: 25-26 February 2025 Before: Employment Judge Massarella Mrs M. Legg Representation Claimant: In person Respondent: Mr P. Chadwick (Consultant) JUDGMENT The judgment of the Tribunal is that: - 1. the Claimant’s claim of whistleblowing detriment is dismissed on withdrawal; 2. the Claimant’s claim of race discrimination is struck out because the claim form discloses no arguable basis for such a claim; 3. the Claimant’s claim of constructive unfair dismissal is dismissed under Rule 47 because of the Claimant’s non-attendance at the hearing. REASONS The hearing 1. The claim form was presented on 12 August 2021 after an ACAS early conciliation period between 3 June and 13 July 2021. The Claimant ticked the boxes for constructive dismissal, race discrimination and referred to a claim of bullying and harassment. There was no mention of race in the body of the claim form. 2 2. At box 10.1 the Claimant indicated that his claim includes a claim that he was making a whistleblowing disclosure and mentioned whistleblowing in the narrative section of the form. The claim was coded as a whistleblowing claim by the Tribunal. 3. There was a preliminary hearing on 14 February 2022 before EJ Goodrich. The Claimant told the Judge that he was not pursuing a whistleblowing claim (the Claimant confirmed that again at the hearing before this Tribunal). 4. The final hearing was originally listed for three days in May/June 2023. EJ Goodrich extended the case to 4 days, adding a day to the original listing. On 8 March 2023, REJ Burgher informed the parties he was considering converting the hearing to a CVP hearing because of a lack of judicial resources. The Claimant …