Case 2300507/2020 · Employment Tribunal
Mr A Boateng v Moss Bross Group Limited — 2023
- Case reference
- 2300507/2020
- Decision date
- 11 September 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Abbott Representation
- Venue
- London South
Parties
2 namedClaimant
Mr A Boateng
Respondent
Key findings
Tribunal's reasoningAt a preliminary hearing on 11 September 2023, Employment Judge Abbott amended the respondent's name by consent to Moss Bros Group Limited. The tribunal struck out the complaints of direct race discrimination, direct religion discrimination, harassment related to race and religion, and victimisation under rule 37(1)(e) on the basis that a fair hearing was no longer possible. The direct discrimination complaint was said to include the equal pay claim identified in the ET1 and allegations concerning Sunday work.
The complaints concerning notice pay, arrears of pay and other payments were dismissed upon withdrawal by the claimant. The unfair dismissal and holiday pay complaints were not determined at this hearing and were listed to proceed to final hearing on 5 to 9 February 2024 before an Employment Judge sitting alone.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Equal pay | The judgment said the ET1 equal pay claim was included within the direct race and religion discrimination complaint and struck out under rule 37(1)(e). | Struck out | — | — |
| Race discrimination | Direct race discrimination was struck out under rule 37(1)(e); the judgment grouped it with direct religion discrimination and said the complaint included the equal pay claim identified in the ET1 and allegations concerning Sunday work. | Struck out | Race | — |
| Religion or belief discrimination | Direct religion discrimination was struck out under rule 37(1)(e); the judgment grouped it with direct race discrimination and said the complaint included the equal pay claim identified in the ET1 and allegations concerning Sunday work. | Struck out | Religion or belief | — |
| Harassment | Harassment related to race and religion was struck out under rule 37(1)(e). | Struck out | — | — |
| Victimisation | Victimisation was struck out under rule 37(1)(e). | Struck out | — | — |
| Unlawful deduction from wages | The complaints in relation to notice pay, arrears of pay and other payments were dismissed upon withdrawal by the claimant. | Withdrawn |
Legal tests applied
1 reference- rule 37(1)(e) Employment Tribunals Rules of Procedure 2013
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
- Open official judgment 4 PDF on gov.uk
Published on gov.uk under the Open Government Licence v3.0.
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