Mr Z Wang v Golden Partners Co Ltd — 2021

Mr Z Wang worked for Golden Partners Co Ltd from 8 August 2017 and his employment ended on 20 February 2019 after a dismissal letter dated 6 February 2019 giving two weeks' notice. He accepted that he had been employed for less than two years. The tribunal dealt first with jurisdiction and held that the unfair dismissal claim could not proceed because the qualifying service requirement in section 108(1) ERA 1996 was not met. On the same basis, it held that there was no jurisdiction to hear the statutory redundancy payment claim under section 155 ERA 1996.

The tribunal also dismissed the claim for failure to provide written particulars of employment under section 38 Employment Act 2002, because that claim depends on a successful unfair dismissal claim and there was none. It then considered the remaining claims, which were holiday pay and breach of the weekly rest requirement under the Working Time Regulations 1998. Mr Wang contacted ACAS on 24 April 2019, received an ACAS certificate dated 23 May 2019, and presented his claim on 10 July 2019. The tribunal held that those claims were out of time and that it was reasonably practicable for them to have been brought within the relevant period.

As to discrimination, the tribunal said the nature of the claim was not entirely clear, but treated the allegation in the claim form about discriminatory behaviours and attitudes relating to the respondent's Chinese nationality as a race discrimination complaint. It held that it would not be just and equitable to extend time under section 123(1) Equality Act 2010, noting that Mr Wang had paid for advice, had access to assistance, and did not present the claim promptly after learning that the ACAS certificate had issued. All claims were therefore dismissed.