Case 3307931/2020 · Employment Tribunal
Mr M Agbemenyah v The Management Committee of Brent River College and 1 other — 2021
- Case reference
- 3307931/2020
- Decision date
- 17 May 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Tuck QC
- Venue
- Watford
Parties
3 namedClaimant
Mr M Agbemenyah
Key findings
Tribunal's reasoningThe tribunal recorded that the redundancy payment claim was in time and had been accepted by the respondents. Judgment was given for the agreed redundancy payment of £1,766.88.
The unlawful deductions from wages claim concerned the period from 24 January 2020 to March 2020. The tribunal found it was reasonably practicable for the claimant to have brought that complaint within time, noting that he had access to union advice, approached ACAS in April 2020, and was able to participate in the grievance process.
The claimant's harassment claim was treated as a claim of harassment related to race, based on his Ghanaian nationality and visa-related matters. The tribunal found it was out of time even using 24 January 2020 as the latest possible date, and declined to extend time on just and equitable grounds because the claimant knew of tribunal time limits, had access to advice, and knew the internal grievance process would not provide the financial remedy he sought.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The redundancy payment claim was presented in time and the respondents had accepted that the sum was due. | Upheld | — | £1,767 |
| Unlawful deduction from wages | Dismissed because it was presented outside the statutory time limit and the tribunal found it had been reasonably practicable to present it in time. | Dismissed | — | — |
| Harassment | The claimant confirmed this as harassment related to race, being Ghanaian. It was dismissed as out of time, and the tribunal found it was not just and equitable to extend time. | Dismissed | Race | — |
Remedy
Monetary award- Total award
- £1,767
- across all upheld claims
Legal tests applied
8 references- s.164(5) Employment Rights Act 1996
- s.23(4) Employment Rights Act 1996
- s.26 Equality Act 2010
- s.123 Equality Act 2010
- reasonably practicable
- just and equitable
- Chief Constable of Lincolnshire Police v Caston [2010] IRLR 327
- Adedeji v University Hospitals Birmingham NHS Trust [2021] EWCA Civ 26
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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