Case 1305483/2020 · Employment Tribunal
Mr Riaz, Claimant’s friend For the v Ms Splavska, Consultant — 2023
- Case reference
- 1305483/2020
- Decision date
- 17 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Harding Dated
- Panel members
- Ms Astill, Mr Khan
Parties
2 namedClaimant
Mr Riaz, Claimant’s friend For the
Respondent
Key findings
Tribunal's reasoningThe tribunal unanimously dismissed the claimant's detriment complaint under section 48 of the Employment Rights Act 1996, but upheld her automatic unfair dismissal claim under section 103A of the same Act. The dismissal claim succeeded because it was found to have been on the grounds of a public interest disclosure.
The claimant's direct discrimination claim because of religion under sections 13 and 39 of the Equality Act 2010 was dismissed. The direct discrimination claim because of sex was also dismissed, but on limitation grounds: the tribunal found it was out of time and that it was not just and equitable to extend the time limit.
The claimant succeeded on liability for unlawful deduction from wages in relation to underpayments of salary for September to December 2019, and on holiday pay in respect of 11.7 days of accrued but untaken leave on termination. The breach of contract claim was upheld only in part: the tribunal found the respondent was in breach in failing to pay an agreed sum of £100 for mileage and £244 for damage to the claimant's wing mirror, while the remainder of that claim for £7,000 for out of hours/on call work and £56 for mobile phone rental charges was dismissed.
The judgment recorded that there would be a remedy hearing on 17 November 2023, so no final monetary award is recorded in this decision.
Claims and outcomes
7 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Whistleblowing | The detriment complaint under section 48 of the Employment Rights Act 1996 was dismissed. | Dismissed | — | — |
| Unfair dismissal | The automatic unfair dismissal claim under section 103A of the Employment Rights Act 1996 succeeded because it was on the grounds of a public interest disclosure. | Upheld | — | — |
| Religion or belief discrimination | The direct discrimination claim because of religion under sections 13 and 39 of the Equality Act 2010 failed. | Dismissed | Religion or belief | — |
| Sex discrimination | The direct discrimination claim because of sex under sections 13 and 39 of the Equality Act 2010 was out of time and the tribunal refused to extend time on the just and equitable basis. | Dismissed | Sex | — |
| Unlawful deduction from wages | The tribunal found unlawful deductions from wages in relation to underpayments of salary for September to December 2019, but no monetary figure was fixed in this judgment. | Upheld | — | — |
| Holiday pay | The holiday pay claim succeeded in respect of 11.7 days of accrued but untaken leave on termination, but no monetary figure was fixed in this judgment. | Upheld |
Legal tests applied
4 references- s.48 Employment Rights Act 1996
- s.103A Employment Rights Act 1996
- sections 13 and 39 Equality Act 2010
- just and equitable to extend the time limit
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.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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