Case 2205760/2018 · Employment Tribunal
In person For the v Respondent — 2018
- Case reference
- 2205760/2018
- Decision date
- 14 May 2018
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Baty
- Venue
- London Central
- Panel members
- Ms K Dent, Mr D Clay
Parties
1 namedClaimant
In person For the
Respondent
- —
Key findings
Tribunal's reasoningThe claimant presented his claim on 6 August 2018 and the tribunal confined the case to direct discrimination complaints based on race and religion or belief. He relied on Iranian national origin for race and Zoroastrian religion for religion or belief. The tribunal treated paragraphs 10-20 of the amended claim as the Paddington Store allegations and paragraph 21 as the dismissal allegation arising after the move to Queensway.
The tribunal held that the Paddington allegations were out of time. Allowing for ACAS early conciliation between 5 July and 5 August 2018, events before 7 April 2018 were outside the three-month limit, and the claimant did not show a continuing act between the Paddington and Queensway matters or any basis on which it would be just and equitable to extend time. It therefore struck out those complaints for want of jurisdiction. It also found, on the evidence, that the alleged discriminatory comments were not proved, that the claimant had not shown he was made to do harder work because of race or religion, and that Mr Ghazi's evidence was to be preferred.
The Queensway dismissal complaint was in time but failed on the merits. The tribunal found that the claimant's dismissal on 14 May 2018 followed a series of investigated complaints about his conduct, including customer complaints and sexual-harassment allegations, and that the disciplinary and appeal processes were thorough and fair. It found no evidence that the decisions to discipline, dismiss or reject the appeal were in any sense because of race or religion or belief, and it concluded that the dismissal was because of the claimant's own conduct.
Claims and outcomes
4 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | Paddington Store allegations in paragraphs 10-20 of the amended claim; presented out of time, no continuing act found, and no just and equitable extension of time. The tribunal said these complaints would have failed on the evidence in any event. | Struck out | Race | — |
| Religion or belief discrimination | Paddington Store allegations in paragraphs 10-20 of the amended claim; presented out of time, no continuing act found, and no just and equitable extension of time. The tribunal said these complaints would have failed on the evidence in any event. | Struck out | Religion or belief | — |
| Race discrimination | Queensway dismissal allegation in paragraph 21 of the amended claim; presented in time but dismissed. The tribunal found the dismissal followed misconduct and sexual-harassment-related complaints that were investigated and appealed fairly, and was not because of race. | Dismissed | Race | — |
| Religion or belief discrimination | Queensway dismissal allegation in paragraph 21 of the amended claim; presented in time but dismissed. The tribunal found the dismissal followed misconduct and sexual-harassment-related complaints that were investigated and appealed fairly, and was not because of religion or belief. | Dismissed | Religion or belief | — |
Legal tests applied
6 references- s.13 Equality Act 2010
- burden of proof
- Hewage v Grampian Health Board
- Martin v Devonshires Solicitors
- Hendricks v Commissioner of Police for the Metropolis
- Robertson v Bexley Community Centre
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.