Case 2303141/2017 · Employment Tribunal
Mr E Macdonald, Counsel For the 1st v Respondent — 2019
- Case reference
- 2303141/2017
- Decision date
- 18 January 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge K Andrews Date
Parties
1 namedClaimant
Mr E Macdonald, Counsel For the 1st
Respondent
- —
Key findings
Tribunal's reasoningAt a hearing in London South before Employment Judge K Andrews sitting alone, the tribunal recorded that the claimant withdrew the unpaid wages and holiday pay claims, and those claims were dismissed on withdrawal. It also held that the direct race discrimination claims arising out of events on 9 and 10 May 2017, and the harassment claim arising out of events on 10 May 2017, all made against the second respondent, were submitted out of time and dismissed.
The tribunal further stated that all remaining claims were either in time or, where not, it was just and equitable to extend time to allow them to proceed. Applications by both respondents to strike out various remaining claims on the basis that they had no reasonable prospects of success were refused.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The claim for unpaid wages was dismissed on withdrawal by the claimant. | Withdrawn | — | — |
| Holiday pay | The holiday pay claim was dismissed on withdrawal by the claimant. | Withdrawn | — | — |
| Race discrimination | Direct race discrimination claims arising out of events on 9 and 10 May 2017, against the second respondent, were held to be out of time and dismissed. | Dismissed | Race | — |
| Harassment | The judgment groups the harassment claim with the race discrimination allegations against the second respondent; it was said to arise out of events on 10 May 2017 and was dismissed as out of time. | Dismissed | Race | — |
Legal tests applied
2 references- just and equitable to extend time
- no reasonable prospects of success
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
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