Case 2409680/2023 · Employment Tribunal
Mr W Matthaus v Equiniti Solutions Limited and 2 others — 2024
- Case reference
- 2409680/2023
- Decision date
- 12 March 2024
- Jurisdiction
- England & Wales
Parties
4 namedClaimant
Mr W Matthaus
Key findings
Tribunal's reasoningAt a CVP hearing in Manchester on 28 February 2024 before Employment Judge K M Ross, the claimant appeared in person and the first and second respondents were represented. The judgment records that the relevant employment period was 2 November 2015 to 30 November 2016 and that the claim was presented on 2 October 2023.
The tribunal struck out the unlawful deduction from wages claim and the breach of contract claim because both were presented outside the time limit; for each, it found it was reasonably practicable to present the claim in time. The redundancy payment claim was also out of time and, in addition, the claimant had not taken the steps required by section 164(1) Employment Rights Act 1996.
The direct discrimination claims pleaded on race, religion or belief, and sex were struck out because they were outside the time limit and it was not just and equitable to extend time. The harassment claim related to religion or belief and/or race, and the victimisation claim under section 27 Equality Act 2010, were also struck out on the same limitation basis. The tribunal refused the application to amend the case to add automatic unfair dismissal and protected disclosure detriment claims, and the judgment records that all claims were struck out with no award made.
Claims and outcomes
8 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Presented outside the time limit; the tribunal found it was reasonably practicable to present the claim in time and therefore it had no jurisdiction. | Struck out | — | — |
| Breach of contract | Presented outside the time limit under article 7 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994; the tribunal found it was reasonably practicable to present the claim in time and therefore it had no jurisdiction. | Struck out | — | — |
| Redundancy | The claim was not presented within the time limit and the claimant had not taken the steps required by section 164(1) Employment Rights Act 1996. | Struck out | — | — |
| Race discrimination | Direct discrimination claim pleaded on race grounds; the written issues included that the claimant was the only ethnic minority within the five moved to Tim Hughes' team. The tribunal found the claim was presented outside the time limit and it was not just and equitable to extend time. | Struck out | Race | — |
| Religion or belief discrimination | Direct discrimination claim pleaded on religion or belief grounds; the tribunal found the claim was presented outside the time limit and it was not just and equitable to extend time. | Struck out | Religion or belief | — |
| Sex discrimination |
Legal tests applied
3 references- reasonably practicable
- section 164(1) Employment Rights Act 1996
- not just and equitable to extend time
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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