Case 6019450/2024 · Employment Tribunal
Mr Praveen Jambagi v PLK Chicken UK Ltd t/a Popeyes Louisiana Chicken — 2026
- Case reference
- 6019450/2024
- Decision date
- 1 July 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ahmed
Parties
2 namedClaimant
Mr Praveen Jambagi
Key findings
Tribunal's reasoningThis was a preliminary hearing concerning applications to amend the claim, strike out allegations and make a deposit order. It did not determine the merits of the allegations permitted to proceed, and the tribunal refused the respondent's application for a deposit order.
The tribunal struck out the allegation that Simon Wood required Mr Jambagi to provide a medical certificate after sickness on 23 June 2024 as both direct race discrimination and racial harassment. Mr Jambagi did not know the race or ethnicity of the proposed comparator, Rhianna, and the tribunal considered that requesting a medical certificate was, on its face, likely to be a requirement applied regardless of race. The remaining proposed race discrimination and harassment allegations concerning timesheets, reduced hours, rostering and the alleged events involving Josh on 29 June 2024 were allowed to proceed. The tribunal held that they largely amounted to relabelling, preserved the time-limit issue for later determination and declined to strike them out because core facts were disputed and required evidence.
The application to amend the claim to add victimisation was refused in its entirety. Although the Claim Form used the word victimisation, it contained no particulars connecting retaliation to a protected act, and the tribunal found that the amendment was not a relabelling of pleaded facts. It also found no prima facie evidence that Mr Jambagi had performed a protected act and concluded that allowing the amendment would materially lengthen the proceedings and cause hardship to the respondent. No victimisation claim was determined on its merits.
All Working Time Regulations complaints were struck out as out of time except the allegation that Mr Jambagi was denied a 20-minute rest break in June 2024. The tribunal also held that alleged wage deductions on different dates between February and June 2024 did not constitute a series and struck out the complaints relating to periods before June 2024. The June 2024 unpaid-meetings claim remained, and the tribunal allowed an amendment alleging an unlawful deduction of £92.41. No monetary remedy was awarded.
The judgment records that, at an earlier preliminary hearing, Mr Jambagi confirmed that he had not made a protected disclosure and withdrew his whistleblowing detriment and automatic unfair constructive dismissal claims; a judgment dismissing those withdrawn claims was subsequently issued. It also records the earlier withdrawal of a wage-deduction claim concerning 10 hours' pay.
Claims and outcomes
7 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | The allegation concerning a request for a medical certificate on 23 June 2024 was struck out as having no reasonable prospect of success. Amendments concerning timesheets, reduced hours, rostering and the alleged events of 29 June 2024 were allowed to proceed, with any time-limit issue preserved. Their merits were not determined. | Other | Race | — |
| Harassment | The allegation concerning a request for a medical certificate on 23 June 2024 was struck out as racial harassment. Amendments concerning timesheets, reduced hours, rostering and the alleged events of 29 June 2024 were allowed to proceed. Their merits were not determined. | Other | Race | — |
| Victimisation | The application to amend the claim to add a complaint of victimisation was refused in its entirety. The tribunal did not determine a victimisation claim on its merits. | Other | — | — |
| Working time regulations | All Working Time Regulations complaints were struck out as out of time except the allegation that the claimant was not provided with or permitted a 20-minute rest break in June 2024. The surviving allegation was not determined on its merits. | Other | — | — |
| Unlawful deduction from wages | The complaints concerning alleged deductions before June 2024 were struck out as out of time. The June 2024 unpaid-meetings claim remained, and an amendment alleging a deduction of £92.41 was allowed. A separate claim concerning 10 hours' pay had previously been withdrawn. No award was made at this preliminary hearing. | Other |
Legal tests applied
9 references- Selkent Bus Company v Moore balance of injustice and hardship
- Vaughan v Modality Partnership practical-consequences approach to amendments
- Choudhury v Cerberus Security and Monitoring Services Limited requirement to identify the proposed amendment
- Rule 38 Employment Tribunal Procedure Rules 2024 no reasonable prospect of success test
- Rule 40 Employment Tribunal Procedure Rules 2024 little reasonable prospect of success test
- HM Prison Service v Dolby two-stage strike-out approach
- North Glamorgan NHS Trust v Ezsias disputed-core-facts approach to strike-out
- section 23 Employment Rights Act 1996 time-limit and reasonably practicable extension test
- Galilee v Commissioner of Police of the Metropolis preservation of the time-limit issue
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.