Case 4120678/2018 · Employment Tribunal
Members: Peter O’Hagan Peter Kelman Mr MR Binyameen v Hmr Group Holdings Limited — 2019
- Case reference
- 4120678/2018
- Decision date
- 21 March 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge Robert Gall
- Panel members
- Peter O’Hagan, Peter Kelman
Parties
2 namedClaimant
Members: Peter O’Hagan Peter Kelman Mr MR Binyameen
Respondent
Key findings
Tribunal's reasoningThe preliminary hearing was listed to determine whether the Tribunal had jurisdiction to hear the race discrimination claim, with the respondent arguing that elements of the claim were out of time. The Tribunal heard submissions only and did not hear evidence.
The Tribunal noted that some alleged discriminatory acts occurred more than three months before the claim was presented, but that other alleged discriminatory events occurred within the three-month period. The respondent denied that any acts were discriminatory, while accepting that some events relied on as discriminatory occurred within three months of presentation of the claim and that one event formed the basis of direct discrimination and harassment allegations.
The Tribunal concluded that it could not determine, without evidence, whether the earlier and later events were linked as conduct extending over a period. The case was therefore allowed to proceed to a hearing, with the issue of timebar reserved and remaining live for determination after evidence had been heard.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | Preliminary hearing on timebar only. The Tribunal did not determine the merits and reserved the issue of timebar to be determined after evidence at a hearing. | Other | Race | — |
| Harassment | The judgment records that one event was said to form the basis of direct discrimination and harassment, but the Tribunal did not determine the merits and reserved timebar. | Other | Race | — |
Legal tests applied
1 reference- conduct extending over a period
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
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