Case 1601215/2020 · Employment Tribunal
Mrs S Ali v Mr C Gregson and 1 other — 2020
- Case reference
- 1601215/2020
- Decision date
- 8 August 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge S Moore Representation
Parties
3 namedClaimant
Mrs S Ali
Respondents
Key findings
Tribunal's reasoningMrs S Ali brought discrimination claims on the grounds of race and religion or belief against her line manager, Mr C Gregson, and her employer, Harlech Foodservice Ltd. The tribunal did not determine the merits of the allegations. As to Mr Gregson, it held the claim was presented out of time under sections 123(1)(a) and (b) of the Equality Act 2010. The pleaded last act was an incident on 10 December 2019 in which the claimant said she was asked to collect pork scratchings, which she said was contrary to her religious beliefs.
The tribunal calculated the ordinary limitation date as 9 March 2020 and found that the claimant did not contact ACAS until 19 March 2020. It heard no persuasive evidence explaining why it would be just and equitable to extend time. The tribunal noted that the claimant had initiated early conciliation against Mr Gregson personally but could not explain why he was not included in the ET1 presented on 10 April 2020, and it found that explanation implausible.
The claim against Harlech Foodservice Ltd was dismissed because it duplicated the claimant's earlier claim under case number 1601039/2020, which had been presented on 10 April 2020 on the same basis and was already listed for hearing in April 2021. No monetary remedy was awarded in this judgment.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | Dismissed on time/jurisdiction grounds: the tribunal found the claim against Mr Gregson was presented outside the time limits in s.123 Equality Act 2010, with the last pleaded act on 10 December 2019 and ACAS not contacted until 19 March 2020. The same pleaded case against Harlech Foodservice Ltd was also dismissed as a duplicate of claim 1601039/2020. | Dismissed | Race | — |
| Religion or belief discrimination | Dismissed on time/jurisdiction grounds: the tribunal found the claim against Mr Gregson was presented outside the time limits in s.123 Equality Act 2010, with the last pleaded act on 10 December 2019 and ACAS not contacted until 19 March 2020. The same pleaded case against Harlech Foodservice Ltd was also dismissed as a duplicate of claim 1601039/2020. | Dismissed | Religion or belief | — |
Legal tests applied
2 references- s.123(1)(a) & (b) Equality Act 2010
- just and equitable extension of time
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
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