Case 2415196/2019 · Employment Tribunal
Mr M Khan v Positive Solutions Limited — 2020
- Case reference
- 2415196/2019
- Decision date
- 13 February 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Holmes REPRESENTATION
Parties
2 namedClaimant
Mr M Khan
Respondent
Key findings
Tribunal's reasoningThe case was listed for a preliminary hearing on the claimant’s complaints of unfair dismissal, race discrimination and religious belief discrimination. Neither the claimant nor his representative attended. The clerk telephoned the claimant, who said he had not been informed of the hearing and later said he was suffering from flu-like symptoms and had been advised to remain at home. The claimant also sent an email during the hearing apologising, saying he had not been told about the hearing by his representative and asking for the hearing to be postponed so that he could find representation and recover from illness.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Preliminary hearing only. The Tribunal did not decide the merits, but said it proposed to strike out the unfair dismissal complaint because the claimant had just over one year’s service and therefore lacked the two years’ qualifying service required by s.108 of the Employment Rights Act 1996. | Other | — | — |
| Race discrimination | Preliminary hearing only. No merits finding was made. The Tribunal said the race discrimination complaint needed further particulars, including the dates, the persons alleged to have carried out each act, and any actual comparators if relied on. | Other | Race | — |
| Religion or belief discrimination | Preliminary hearing only. No merits finding was made. The Tribunal said the claimant had not specified which, if any, complaints were advanced on grounds of religious belief and required clarification of that aspect of the case. | Other | Religion or belief | — |
Legal tests applied
2 references- rule 47 of the Employment Tribunals Rules of Procedure 2013
- s.108 Employment Rights Act 1996
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.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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