Mr A Ellahi v Icare Living Limited — 2022

At the preliminary hearing on 23 June 2022, Employment Judge Flood dealt with amendment, strike-out and deposit-order applications. The claimant's proposed religion/belief allegation, based on being told in July 2020 that he could take Eid off only with conditions, was refused as a new factual allegation raised late and out of time. Because that was the only religion/belief allegation, the remaining complaint of discrimination on grounds of religion/belief was dismissed.

The tribunal allowed only part of the proposed amendments to the whistleblowing detriment claim. Allegations that after May and July 2020 the claimant's hours were reduced and he was told to find a substitute for night shifts, that during suspension from 1 November 2020 to 27 January 2021 he was not paid all wages due, and that the respondent refused holiday he sought to take after his suspension were allowed. Allegations that management said he was accusing the respondent of stealing service-user money and that he would not be paid for covering another colleague's shift were refused.

On the remaining claims, the direct race discrimination allegation based on not being given a contract until about six months after starting work was not struck out but attracted a £50 deposit order because it was significantly out of time and had little reasonable prospect of success. The direct discrimination claim based on marriage/civil partnership was struck out because the claimant did not allege that being married or in a civil partnership was the reason he was asked to work nights. The claim for accrued but untaken holiday pay was struck out under regulation 13(9)(b) of the Working Time Regulations 1998 because payment in lieu is not available while employment continues, and the unlawful deduction from wages and daily rest-break claims each attracted £25 deposit orders because the tribunal considered them to have little reasonable prospect of success, with time-limit difficulties material to both.