Arcus FM Ltd

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 ...