Case 1601749/2020 · Employment Tribunal
IN PERSON FOR THE v Respondent — 2023
- Case reference
- 1601749/2020
- Decision date
- 22 March 2023
- Jurisdiction
- England & Wales
- Panel members
- Ms Y Neves, Mr K Lannaman
Parties
1 namedClaimant
IN PERSON FOR THE
Respondent
- —
Key findings
Tribunal's reasoningThe Tribunal, sitting remotely on 13, 14, 15, 16 and 17 March 2023 before Employment Judge S Povey, Ms Y Neves and Mr K Lannaman, dealt with direct discrimination and harassment claims brought by Ms L Nguluwe against Bacstal Pac LLP. It found that the allegations of direct discrimination and harassment said to have occurred before 27 December 2019 were brought out of time, and that it was not just and equitable to extend time. Those allegations were therefore struck out.
In any event, the Tribunal held that all of the claims of direct discrimination and harassment by reason of race were not made out and were dismissed. The only protected characteristic identified in the judgment was race.
The Respondent conceded that it had failed to provide the Claimant with a written statement of particulars of employment, contrary to section 1 of the Employment Rights Act 1996. The Tribunal recorded that there could be no award of compensation because it had not found in the Claimant's favour on her Equality Act claims, referring to section 38 of the Employment Act 2002. No monetary award was made.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | The tribunal held that the direct discrimination allegations by reason of race which were said to have occurred before 27 December 2019 were out of time and it was not just and equitable to extend time, so those allegations were struck out. In any event, all direct discrimination claims by reason of race were found not made out and dismissed. | Dismissed | Race | — |
| Harassment | The tribunal held that the harassment allegations by reason of race which were said to have occurred before 27 December 2019 were out of time and it was not just and equitable to extend time, so those allegations were struck out. In any event, all harassment claims by reason of race were found not made out and dismissed. | Dismissed | Race | — |
Legal tests applied
2 references- just and equitable to extend time
- s.38 Employment Act 2002
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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