Mr S Raquib v Lewis & Tucker Chartered Surveyors HELD AT: London Central — 2024

The Claimant, Mr S Raquib, brought claims of direct race, religion or belief, sex and age discrimination, race related harassment, victimisation, unpaid holiday pay and unlawful deduction from wages against Lewis & Tucker Chartered Surveyors. He did not have the two year qualifying service for an ordinary unfair dismissal claim and confirmed his constructive dismissal contention was advanced only as an act of race and religion discrimination. The Tribunal, sitting at London Central before Employment Judge Akhtar with members Ms S Aslett and Mr S McLaughlin, heard the case over February and March 2024.

The Tribunal unanimously dismissed each head of claim. It found the Respondent had not contravened sections 13, 26 or 27 of the Equality Act 2010, concluding that the matters complained of were not because of race, religion or belief, sex or age, and did not amount to harassment or victimisation. The Tribunal accepted the Respondent's explanations for the comparator treatment relied on, including the appointment of Mahesh Kewal and salary arrangements for other staff.

The holiday pay claim was dismissed: the £157.48 the Claimant accepted as owed on termination had been paid in May 2023, and he did not particularise any further entitlement. The unlawful deduction from wages and breach of contract claims were dismissed because the Claimant did not prove on the balance of probabilities a contractual entitlement to a £50,000 salary or to overtime. The Tribunal also concluded that, all claims pre-dating 3 October 2022 being out of time and there being no continuing course of conduct, it would not have been just and equitable to extend time. Both parties' costs applications were refused.