Case 2502503/2019 · Employment Tribunal
Mr Q Buchanan v City Facilities Management (UK) Ltd — 2026
- Case reference
- 2502503/2019
- Decision date
- 30 April 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Nicol Representation
- Venue
- Middlesbrough
Parties
2 namedClaimant
Mr Q Buchanan
Respondent
Key findings
Tribunal's reasoningThe claimant did not attend the public preliminary hearing on 4 November 2019 and did not send written representations. The Tribunal was satisfied that notices of the hearing had been properly sent and decided it was appropriate to proceed in his absence after hearing the respondent.
The ET1 indicated complaints of unfair dismissal, unpaid notice pay, holiday pay, arrears of wages, redundancy payment, and discrimination on the protected grounds of race and religion. The claimant was dismissed on 17 April 2019, notified ACAS on 11 July 2019, received the ACAS certificate the same day, and submitted the ET1 on 14 August 2019. The Tribunal found that the unfair dismissal, notice pay, holiday pay, arrears of wages, and discrimination complaints were presented outside the applicable time limits, even allowing for early conciliation.
For the unfair dismissal, notice pay, holiday pay, and arrears of wages complaints, the Tribunal found there was no evidence that it had not been reasonably practicable to present the claims within time. It therefore dismissed those complaints. For the race and religion discrimination complaints, the Tribunal noted that the ET1 contained only ticked boxes, did not state the claimant's race or religion, and did not provide information about when, how, or by whom any discrimination was alleged to have occurred. It found it was not just and equitable to extend time and dismissed those complaints.
The redundancy payment complaint was submitted within the prescribed period, but the Tribunal found it had no reasonable prospect of success. The claimant had provided no information supporting redundancy, while his ET1 referred to a disciplinary hearing he failed to attend and the respondent's ET3 stated that he was dismissed for disciplinary reasons. The Tribunal dismissed all proceedings in their entirety and made no monetary award.
Claims and outcomes
7 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed because the complaint was presented outside the prescribed time limit and the Tribunal found it would have been reasonably practicable to present it in time. | Dismissed | — | — |
| Breach of contract | Notice pay was addressed as a breach of contract/notice pay complaint and dismissed as out of time. | Dismissed | — | — |
| Holiday pay | Holiday pay was dismissed as out of time; the judgment referred to the Working Time Regulations in relation to this complaint. | Dismissed | — | — |
| Unlawful deduction from wages | Arrears of wages were dismissed as out of time. | Dismissed | — | — |
| Redundancy | The redundancy payment complaint was within time but dismissed because the Tribunal found it had no reasonable prospect of success. | Dismissed | — | — |
| Race discrimination | Dismissed as out of time. The Tribunal also noted that the ET1 only ticked the box and did not state the claimant's race or provide information about any alleged discriminatory act. | Dismissed | Race | — |
| Religion or belief discrimination |
Legal tests applied
8 references- Section 23 Employment Rights Act 1996
- Section 111 Employment Rights Act 1996
- Regulation 7 Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994
- Section 164 Employment Rights Act 1996
- Section 123(1) Equality Act 2010
- Section 207B Employment Rights Act 1996
- Section 140B Equality Act 2010
- Rule 2 Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
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.
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