Mrs E Vinga v Barchester Healthcare Ltd

EMPLOYMENT TRIBUNALS (SCOTLAND) 5 Case No: 4103537/2023 (V) Held at Aberdeen on 2 November 2023 Employment Judge N M Hosie 10 Mrs Euphemia Vinga Claimant Represented by Ms N Bennett, 15 Equality 4 Black Nurses Barchester Healthcare Ltd Respondent Represented by 20 Ms L Halsall, Counsel Instructed by Ms E Moncur, Worknest 25

JUDGMENT OF THE EMPLOYMENT TRIBUNAL 30 The Judgment of the Tribunal is that:- 1. the complaints pre-termination of the claimant’s employment on 21 November 2022 are time-barred; 2. the complaints pre-termination are dismissed for want of jurisdiction; and 3. the Tribunal has jurisdiction to consider the three post-termination 35 complaints.

E.T. Z4 (WR) S/4103537/2023 Page 2

REASONS Introduction 5 1. The claimant, Euphemia Vinga, brought a race discrimination claim, comprising complaints of direct discrimination, in terms of s.13 of the Equality Act 2010; harassment in terms of s. 26; and victimisation in terms of s.27. The claim was denied in its entirety by the respondent. 10 Time-bar

2. The respondent’s solicitor took a time bar point and a preliminary hearing was fixed by way of video conference, using the Cloud Video Platform (“CVP”), to consider and determine the issue. 15 The evidence