ETZ 4(WR) IN THE EMPLOYMENT TRIBUNAL (SCOTLAND) Judgment of the Employment Tribunal in Case No: 8000330/2024 Issued Following Open Preliminary Hearing Heard at Edinburgh on the th of July 2024 Employment Judge J G d’Inverno Mr R Niwas v Moet Spice Limited — 2024

The claimant, an Indian national employed as a chef from 1 October 2022 to 30 September 2023, brought complaints of whistleblowing detriment, holiday pay, and harassment on grounds of race and religion or belief. The open preliminary hearing at Edinburgh on 5 July 2024 was concerned with whether those claims were presented in time. The tribunal accepted that the claimant had been under pressure after his father's death in August 2023 and after resigning, but found that by early November 2023 he had already contacted ACAS and by 17 November 2023 had received and accessed ACAS links about early conciliation, the Employment Tribunal, and final pay.

On the whistleblowing and holiday pay complaints, the tribunal held that the claims were out of time and that the claimant had not shown it was not reasonably practicable to present them within the initial three months minus a day. It found that he was aware of his situation by about 17 November 2023, had internet access, and took no steps to begin early conciliation until 3 January 2024, after the primary time limit had expired. The tribunal also recorded that the claimant had the information needed to act earlier and could and would have presented his claims timeously if he had understood the position sooner.

The tribunal further held that the whistleblowing complaint did not set out a stateable detriment case even after further particulars, and that extending time to allow such a non-complaint would prejudice the respondent. In relation to harassment, the tribunal held that it would not be just and equitable to extend time, noting that the claimant had been directed to provide full particulars, including dates of the alleged acts, but did not do so in his further particulars of 24 May 2024. The judgment dismissed all the late claims for want of jurisdiction. Separately, the tribunal recorded the respondent's concession that £415 net was due and payable to the claimant by way of holiday pay for accrued but untaken leave as at 30 September 2023, and that it would be paid into his bank account that day.