Ms K Papadopoulou v Essential Site Skills Limited — 2022

Ms K Papadopoulou brought complaints of direct race discrimination, race-related harassment, and claims arising from non-payment of September and October 2020 wages and a £5,000 lump sum. The race complaints arose from a short email exchange on 24 April 2018 that included the subject line "Bloody Greeks". The tribunal accepted that the claimant knew of the relevant emails when they were sent but did not pursue a claim at the time.

The tribunal held that the direct race discrimination and harassment complaints were out of time under section 123 of the Equality Act 2010. It considered the length of the delay, the claimant's reasons for waiting, and the likely evidential prejudice to the respondent, and concluded that it was not just and equitable to extend time. Those claims were therefore dismissed.

On the payment dispute, the tribunal found that before 15 June 2020 the parties had reached an enforceable agreement that the claimant would stop working on 1 July 2020, remain employed until 31 October 2020, receive her normal pay during that period, and receive a net £5,000 on termination. It rejected the respondent's case that no binding agreement existed and found that Ms Storer was aware of the arrangement. The tribunal also found that the P45 leaving date of 31 August 2020 reflected payroll administration after payments stopped, not an earlier termination of employment.

The tribunal found that the respondent's failure to pay salary for September and October 2020, together with the failure to pay the £5,000 lump sum, amounted to unauthorised deductions from wages and breach of contract. It ordered the respondent to pay damages in the net sum of £8,690.40 and directed that tax be accounted for on that sum or that the appropriate grossed-up amount be paid if the claimant had to account for tax.