Mr B Austin v Arcus FM Ltd

Case Number: 3205412/2021

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. 1 Case Number: 3205412/2021