Case 1801671/2022 · Employment Tribunal
Claimant v Mach Recruitment Ltd and Clipper Logistics plc — 2022
- Case reference
- 1801671/2022
- Decision date
- 18 October 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Rogerson Representation
- Venue
- Leeds and
Parties
2 namedClaimant
Claimant
Key findings
Tribunal's reasoningThe claimant, an agency worker recruited by Mach Recruitment Ltd to work for Clipper Logistics Plc, presented her ET claim on 30 March 2022. The tribunal found that the primary time limit, as extended by ACAS early conciliation, expired on 17 March 2022, so the claim was 13 days late. The complaint about holiday pay was assessed under the reasonable practicability test in regulation 30 of the Working Time Regulations 1998, and the direct race discrimination and agency worker complaints were considered under the just and equitable extension provisions in section 123 of the Equality Act 2010 and regulation 18 of the Agency Workers Regulations 2010.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | Dismissed because the complaint was presented out of time and the tribunal found it was reasonably practicable to present it within the primary time limit, so it had no jurisdiction to hear the claim. | Dismissed | — | — |
| Race discrimination | Dismissed because the claim was presented 13 days out of time and the tribunal was not persuaded that it was just and equitable to extend time. The tribunal also noted that the direct race discrimination case was not clearly articulated on the pleaded facts. | Dismissed | Race | — |
| Agency worker regulations | Dismissed because the claim was presented 13 days out of time and the tribunal was not persuaded that it was just and equitable to extend time. The tribunal also noted that the agency worker complaint was unclear because no comparator terms were identified. | Dismissed | — | — |
Legal tests applied
6 references- Palmer v Southend on Sea Borough Council
- Asda Stores Ltd v Kauser
- Abertawe Bro Morgannwg University Local Health Board v Morgan
- Robertson v Bexley Community Centre t/a Leisure Link
- Southwark London Borough Council v Afolabi
- Adedeji v University Hospital Birmingham NHS Foundation Trust
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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