Case 3314739/2020 · Employment Tribunal
Mr S Otieno v Voyage 1 Limited — 2021
- Case reference
- 3314739/2020
- Decision date
- 15 September 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Brewer Representation
- Venue
- South East Tribunal via Cloud Video Platform
Parties
2 namedClaimant
Mr S Otieno
Respondent
Key findings
Tribunal's reasoningThe claimant brought claims for unauthorised deductions from wages and direct race discrimination. The preliminary hearing considered time limits for all claims. The Tribunal found that the claimant had been temporarily seconded into the Senior Support Worker role from December 2019 and returned to the Support Worker role with effect from 8 June 2020.
For the wages claim, the Tribunal found that the pay issue crystallised when the claimant's pay was reduced from the higher rate to £9.18 per hour with effect from 10 March 2020. The normal time limit expired on 9 June 2020. The claimant gave no evidence that it had not been reasonably practicable to bring the claim in time, and the Tribunal declined to extend time.
For the race discrimination complaints, the Tribunal found that the complaint about the end of the Senior Support Worker role was out of time from 8 June 2020, the Deputy Manager application complaint was out of time from 18 June 2020, and the failure to deal with the recruitment complaint was out of time from 10 July 2020. The Tribunal considered the just and equitable discretion, including delay, reasons for delay, advice, prejudice, and the evidence, and declined to extend time. It held that it had no jurisdiction and dismissed all claims.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The Tribunal found the unauthorised deductions claim was presented out of time and that it had no jurisdiction to hear it. | Dismissed | — | — |
| Race discrimination | The direct race discrimination complaints concerning the move from Senior Support Worker to Support Worker, the Deputy Manager recruitment process, and the failure to respond to the recruitment complaint were found to be out of time. The Tribunal declined to extend time and dismissed the claims for lack of jurisdiction. | Dismissed | Race | — |
Legal tests applied
16 references- s.123 Equality Act 2010
- just and equitable
- Robertson v Bexley Community Centre
- British Coal Corporation v Keeble
- s.33 Limitation Act 1980
- Department of Constitutional Affairs v Jones
- London Borough of Southwark v Afolabi
- Apelogun-Gabriels v London Borough of Lambeth
- s.23 Employment Rights Act 1996
- reasonably practicable
- Dedman v British Building and Engineering Appliances Ltd
- Wall's Meat Co Ltd v Khan
- Porter v Bandridge Ltd
- Sterling v United Learning Trust
- Palmer v Southend-on-Sea Borough Council
- Asda Stores Ltd v Kauser
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.