Case 1300458/2017 · Employment Tribunal
Mr E Adams- Aliu, lay representative For the v Respondent — 2017
- Case reference
- 1300458/2017
- Decision date
- 17 May 2017
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dean Appearances
- Venue
- Birmingham
Parties
1 namedClaimant
Mr E Adams- Aliu, lay representative For the
Respondent
- —
Key findings
Tribunal's reasoningAt the preliminary hearing in Birmingham on 11 May 2017, Employment Judge Dean struck out the claimant's unfair dismissal complaint and her complaints of race discrimination. The tribunal recorded that each of those complaints had no reasonable prospect of success. No written reasons were provided unless requested within 14 days.
The claimant confirmed that she withdrew her other complaints in respect of unlawful deduction from pay and annual leave under the Working Time Regulations, and those complaints were dismissed. The judgment also recorded that one complaint concerning an alleged unlawful deduction from final pay, described as a complaint about alleged overpayment of holiday pay in excess of accrued entitlement, continued.
For the continuing unlawful deduction issue, the tribunal listed a 2-hour hearing before a single employment judge and identified the issues as the claimant's leave year, the proportion of the leave year elapsed at termination, accrued leave under regulations 13 and 13A, leave actually taken, any excess paid leave, contractual terms permitting any deduction, the amount deducted from final pay, and whether any deduction was lawful.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Struck out at the preliminary hearing on the basis that it had no reasonable prospect of success. | Struck out | — | — |
| Race discrimination | The claimant's race discrimination complaints were struck out as having no reasonable prospect of success. | Struck out | Race | — |
| Unlawful deduction from wages | The claimant withdrew the other unlawful deduction from pay complaints; the tribunal dismissed them, subject to one separate complaint about an alleged unlawful deduction from final pay continuing. | Dismissed | — | — |
| Working time regulations | The claimant withdrew the annual leave complaints under the Working Time Regulations; the tribunal dismissed them, subject to one separate complaint about an alleged unlawful deduction from final pay continuing. | Dismissed | — | — |
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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