Case 3309413/2023 · Employment Tribunal
Mr J Abdulla v Royal Mail Group Limited — 2024
- Case reference
- 3309413/2023
- Decision date
- 31 July 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Emery REPRESENTATION
Parties
2 namedClaimant
Mr J Abdulla
Respondent
Key findings
Tribunal's reasoningAt a public preliminary hearing, the Tribunal refused the respondent's application to strike out the unfair dismissal claim on jurisdictional grounds. It found that the claimant's ACAS Early Conciliation Certificate issued on 14 November 2022 was the relevant certificate for the unfair dismissal claim and that the mandatory early conciliation requirements had been complied with.
The Tribunal dismissed the unlawful deduction of wages claim because it was not presented within the applicable time limit and it had been reasonably practicable to present it in time. It also dismissed the allegation of disability discrimination relating to an incident in March 2020 because it was out of time and it was not just and equitable to extend time.
The remaining disability discrimination allegations, described as direct discrimination, harassment, and failure to make reasonable adjustments, and the race discrimination allegations, described as direct discrimination and harassment, were not finally determined. The Tribunal directed that the full merits hearing would decide whether those allegations were continuing acts and, if not, whether it was just and equitable to extend time.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The Tribunal refused the respondent's application to strike out the unfair dismissal claim on jurisdictional grounds. The unfair dismissal claim was not finally determined on its merits. | Other | — | — |
| Unlawful deduction from wages | The claim was dismissed because it was not presented within the applicable time limit and it was reasonably practicable to present it in time. | Dismissed | — | — |
| Disability discrimination | Only the allegation of disability discrimination relating to an incident dated March 2020 was dismissed as out of time, with no just and equitable extension. The remainder of the disability discrimination allegations were left for the full merits hearing to determine on continuing act and time issues. | Dismissed | Disability | — |
| Race discrimination | The Tribunal did not finally determine the race discrimination allegations. It directed that the full merits hearing would determine whether the direct race discrimination and race harassment allegations were continuing acts and, if not, whether time should be extended. | Other | Race | — |
| Harassment | The disability harassment allegations, other than the March 2020 disability discrimination allegation dismissed as out of time, were left for the full merits hearing to determine on continuing act and time issues. | Other | Disability | — |
Legal tests applied
3 references- mandatory early conciliation requirements
- reasonably practicable time limit
- just and equitable time limit
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
- Open official judgment 4 PDF on gov.uk
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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