Case 2217111/2023 · Employment Tribunal
in person For the v Respondent — 2025
- Case reference
- 2217111/2023
- Decision date
- 7 February 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge P Klimov
Parties
1 namedClaimant
in person For the
Respondent
- —
Key findings
Tribunal's reasoningThe tribunal, sitting as Employment Judge P Klimov alone at London Central, heard the claimant's complaints over five days in January and February 2025. The complaint of unauthorised deduction from wages was dismissed as out of time, the tribunal finding it had been reasonably practicable to present it within the applicable time limit. The complaints of direct race discrimination and harassment related to race were also dismissed as out of time, the tribunal concluding it was not just and equitable to extend time.
The breach of contract complaint concerning reimbursement for prescription glasses (£50) was withdrawn by the claimant and dismissed pursuant to Rule 51 of the Employment Tribunal Procedure Rules 2024. The complaint of automatically unfair dismissal for making a protected disclosure, contrary to section 103A of the Employment Rights Act 1996, was found not well-founded and dismissed, as were the breach of contract claims relating to a taxi fare (£34.90) and to notice pay (wrongful dismissal).
The respondent's costs application succeeded in part. The tribunal found that the breach of contract complaints regarding the two expense items had no reasonable prospect of success and that the claimant had acted unreasonably in bringing them, and that the s.103A unfair dismissal and the wrongful dismissal complaints had no reasonable prospect of success and the claimant had acted unreasonably in continuing to pursue them after 30 and 31 January 2025 respectively. The claimant was ordered to pay £5,000 to the respondent in respect of legal costs, payable within 14 days.
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 |
|---|---|---|---|---|
| Unlawful deduction from wages | Dismissed on time limit grounds; tribunal found it was reasonably practicable to present the complaint in time. | Dismissed | — | — |
| Race discrimination | Direct race discrimination complaint dismissed as out of time; tribunal found it not just and equitable to extend the time limit. | Dismissed | Race | — |
| Harassment | Harassment related to race dismissed as out of time; tribunal found it not just and equitable to extend the time limit. | Dismissed | Race | — |
| Breach of contract | Breach of contract claim regarding reimbursement for prescription glasses (£50) withdrawn by the claimant and dismissed pursuant to Rule 51 of the Employment Tribunal Procedure Rules 2024. | Withdrawn | — | — |
| Whistleblowing | Complaint of unfair dismissal for making a protected disclosure under s.103A ERA 1996 not well-founded and dismissed. | Dismissed | — | — |
| Unfair dismissal | Automatically unfair dismissal under s.103A ERA 1996 (protected disclosure) not well-founded and dismissed; recorded separately from the whistleblowing classification per the judgment's framing. |
Legal tests applied
2 references- section 103A of the Employment Rights Act 1996
- Rule 51 of the Employment Tribunal Procedure Rules 2024
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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