Mr A Boatswain (GMB Union Representative) For the v Respondent — 2020

At the preliminary hearing on 6 May 2020, Employment Judge Hyams-Parish considered two claim forms brought by Mr Z Ahmed against Ward Security Limited. The second claim ticked the race discrimination box, but the tribunal found that the ET1 as a whole contained no facts supporting a race discrimination complaint. Treating the matter as an application to amend, the tribunal applied the Selkent principles, held that any new race discrimination claim would be out of time, and refused both amendment and an extension of time. The race discrimination claim was therefore dismissed because the tribunal had no jurisdiction to hear it.

The unlawful deduction from wages claim was said to have two parts: an alleged entitlement to a pay rise after completion of probation, and an alleged underpayment linked to the number of hours worked between 19 May and 31 December 2018. The tribunal referred to documents tending to show there was no contractual entitlement to either a pay rise or a minimum number of hours, while also noting conversations and correspondence said to support the claimant's case. It concluded that the claim had little reasonable prospect of success, but did not strike it out at that stage.

Instead, the tribunal made a deposit order under rule 39, setting the total deposit at £75.00, split as £37.50 for each claim, and took into account that the claimant was unemployed and had very little disposable income. The final hearing was re-listed for 6 October 2020 before an Employment Judge sitting alone. No final liability or compensation decision was made in this judgment.