Case 2206347/2020 · Employment Tribunal
Mr P Ward, Counsel For the 2nd claimant: Representing herself For the v Mr L Davies, Solicitor PRELIMINARY HEARING — 2020
- Case reference
- 2206347/2020
- Decision date
- 30 October 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Lewis Representation
- Venue
- London Central
Parties
2 namedClaimant
Mr P Ward, Counsel For the 2nd claimant: Representing herself For the
Key findings
Tribunal's reasoningThe tribunal held that Mr Burke could not take his April 2016 non-promotion claim forward as a late race claim: the promotion decision was treated as a separate, self-contained act, not part of a continuing discriminatory state of affairs, and it was not just and equitable to extend time. That claim was then withdrawn. By contrast, the tribunal accepted that Mr Burke's complaints that he was repeatedly called 'Jamaican Mafia' by Mr Berkane, together with his 30 June 2020 redundancy dismissal, could potentially amount to continuing racial harassment. Those matters were left to the final hearing for determination on both merits and limitation.
Claims and outcomes
8 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| Race discrimination | Mr Burke's April 2016 non-promotion / promotion claim was withdrawn after discussion at the hearing. | Withdrawn | Race | — |
| Harassment | Mr Burke's allegation that the April 2016 promotion decision was racial harassment was held not to be part of a continuing discriminatory state of affairs and was not allowed as a late claim. | Dismissed | Race | — |
| Harassment | Mr Burke's complaints that he was routinely called 'Jamaican Mafia' by Mr Berkane and that his 30 June 2020 redundancy dismissal was racial harassment were treated as potentially linked continuing acts and were left for the final hearing. | Other | Race | — |
| Harassment | Ms Hodzik's allegations of harassment by Mr Alharbi in 2012, October-November 2015, and the November 2016 warning were found not to be in time and not to justify an extension. | Dismissed | Sex | — |
| Race discrimination | Ms Hodzik's claim that she was paid less because she was Bosnian from August 2017 onwards was held to be separate from the earlier allegations and was allowed to proceed to the final hearing. | Other | Race | — |
Legal tests applied
7 references- section 123(1)(a) Equality Act 2010
- section 123(3) Equality Act 2010
- continuing discriminatory state of affairs
- Hendricks v Commissioner of Police for the Metropolis
- section 123(1)(b) Equality Act 2010
- Robertson v Bexley Community Centre
- Chief Constable of Lincolnshire Police v Caston
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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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