Case 1404356/2019 · Employment Tribunal
Mr A Genidy v Stay Original Company Ltd — 2020
- Case reference
- 1404356/2019
- Decision date
- 2 November 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Livesey Representation
- Venue
- Bristol
Parties
2 namedClaimant
Mr A Genidy
Respondent
Key findings
Tribunal's reasoningOn 26 October 2020, Employment Judge Livesey held that the Claimant’s discrimination complaints were out of time, but that it was just and equitable under s.123 of the Equality Act 2010 to extend time so the complaints could be determined at a final hearing. The judgment did not decide liability on the discrimination complaints; it only removed the time bar at this stage.
The tribunal also held that it was not reasonably practicable for the Claimant’s unlawful deductions from wages and unpaid holiday pay complaints to have been presented in time within s.23 of the Employment Rights Act 1996 and regulation 30 of the Working Time Regulations 1998. Those claims were therefore also allowed to proceed to a final hearing, subject to the written record’s exception for the alleged underpayment dated 18 December 2018.
The judgment states that the claim would proceed in accordance with the case management summary and order of the same date. No compensation or other monetary remedy was awarded in this decision, because it was a preliminary ruling on time limits rather than a final merits judgment.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | The tribunal held the discrimination complaints were out of time, but it was just and equitable to extend time under s.123 Equality Act 2010 so they could be determined at a final hearing; the merits were not decided in this judgment. | Other | Race | — |
| Disability discrimination | The tribunal held the discrimination complaints were out of time, but it was just and equitable to extend time under s.123 Equality Act 2010 so they could be determined at a final hearing; the merits were not decided in this judgment. | Other | Disability | — |
| Unlawful deduction from wages | The tribunal held it was not reasonably practicable for the unlawful deductions from wages claim to have been issued in time under s.23 Employment Rights Act 1996, so it could proceed to a final hearing; the written record notes an exception for the alleged underpayment dated 18 December 2018. | Other | — | — |
| Holiday pay | The tribunal held it was not reasonably practicable for the unpaid holiday pay claim to have been issued in time under regulation 30 of the Working Time Regulations 1998, so it could proceed to a final hearing. | Other | — | — |
Legal tests applied
5 references- s.123 Equality Act 2010
- just and equitable to extend time
- s.23 Employment Rights Act 1996
- regulation 30 Working Time Regulations 1998
- not reasonably practicable
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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