Case 2410765/2019 · Employment Tribunal

in person For the v Mr Ashwood (solicitor) — 2021

Case reference: 2410765/2019
Decision date: 9 February 2021
Jurisdiction: England & Wales
Judge: Employment Judge Johnson Appearances

Indexed: 22 May 2026

Parties

2 named

Claimant

in person For the

Respondent

Mr Ashwood (solicitor)

Key findings

Tribunal's reasoning

The tribunal dealt with preliminary issues on time limits and jurisdiction. It held that the claimant’s unfair dismissal complaint was presented in time, but the issue of whether he had accrued sufficient service under section 108 of the Employment Rights Act 1996 was left for the final liability hearing. It also held that the unlawful deduction from wages complaint and the breach of contract complaint were both out of time and dismissed those complaints.

On the discrimination complaints, the tribunal found that all allegations occurring before 5 March 2019 were presented out of time and that it was not just and equitable to extend time under section 123 of the Equality Act 2010. Because all sex discrimination allegations fell before that date, the sex discrimination complaint was dismissed.

The tribunal further found that allegations of discrimination from 5 March 2019 formed part of a series of continuing acts ending with the claimant’s dismissal and subsequent appeal against dismissal. Those allegations were to be considered at the final hearing on liability, and the only discrimination complaint remaining to proceed was race discrimination.

Claims and outcomes

5 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unfair dismissal	The tribunal held that the unfair dismissal complaint was presented in time. It said the question whether the claimant had accrued sufficient service under section 108 of the Employment Rights Act 1996 would be considered at the final hearing on liability.	Other	—	—
Unlawful deduction from wages	The tribunal found that this complaint was not presented in time under section 23(2) of the Employment Rights Act 1996 and dismissed it.	Dismissed	—	—
Breach of contract	The tribunal found that this complaint was not presented in time under regulations 7 and 8B of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 and dismissed it.	Dismissed	—	—
Sex discrimination	All allegations of sex discrimination occurred before 5 March 2019, were out of time, and the tribunal did not extend time. The sex discrimination complaint was dismissed.	Dismissed	Sex	—
Race discrimination	The tribunal held that allegations of discrimination before 5 March 2019 were out of time and it was not just and equitable to extend time. It also held that allegations from 5 March 2019 formed part of a series of continuing acts ending with dismissal and the appeal, and those allegations were to be considered at the final hearing on liability.	Other	Race	—

Legal tests applied

7 references

Official outcome judgment PDF

Gov.uk primary record

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Open official judgment PDF on gov.uk

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