Case 3303350/2020 · Employment Tribunal
In person For the First v Respondent — 2022
- Case reference
- 3303350/2020
- Decision date
- 19 October 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Foxwell Appearances
Parties
1 namedClaimant
In person For the First
Respondent
- —
Key findings
Tribunal's reasoningMr S Temba brought claims against Shorterm Limited and Liquid Friday Limited, heard at Watford on 19 October 2022 before Regional Employment Judge Foxwell. The tribunal recorded that the unlawful age discrimination claim was dismissed on withdrawal.
The race discrimination claim was found to have been presented outside the statutory time limit. The tribunal held that it was not just and equitable to extend time, so it lacked jurisdiction and dismissed the claim.
The claims for alleged unpaid wages, holiday pay, and notice pay were also presented outside the statutory time limits. The tribunal held that it was reasonably practicable for those claims to have been presented in time, so it lacked jurisdiction and dismissed them.
For the avoidance of doubt, the tribunal stated that it did not accept the claimant's unfair dismissal claim because he lacked sufficient qualifying service to bring it. No monetary award was made.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Age discrimination | Dismissed on withdrawal. | Withdrawn | Age | — |
| Race discrimination | Presented outside the statutory time limit; the tribunal found it was not just and equitable to extend time and therefore lacked jurisdiction. | Dismissed | Race | — |
| Unlawful deduction from wages | Presented outside the statutory time limit; the tribunal found it was reasonably practicable to present the claim in time and therefore lacked jurisdiction. | Dismissed | — | — |
| Holiday pay | Presented outside the statutory time limit; the tribunal found it was reasonably practicable to present the claim in time and therefore lacked jurisdiction. | Dismissed | — | — |
| Breach of contract | Notice pay claim presented outside the statutory time limit; the tribunal found it was reasonably practicable to present the claim in time and therefore lacked jurisdiction. | Dismissed | — | — |
| Unfair dismissal | Not accepted because the claimant lacked sufficient qualifying service to bring the claim. | Dismissed | — | — |
Legal tests applied
3 references- not just and equitable to extend time
- reasonably practicable to present claims in time
- sufficient qualifying service
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
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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