Mr R P Gill v Group Employment Services Limited — 2025

This was a public preliminary hearing in Aberdeen before Employment Judge J McCluskey concerning two religion or belief discrimination complaints brought by Mr R P Gill against Group Employment Services Limited. Mr Gill worked in a security role at BP premises in Peterhead. The first complaint concerned an alleged conversation with his manager, Mark Murphie, in which Mr Murphie was said to have told him that he would not be allowed to wear a turban on site; for time-bar purposes the tribunal used the date of 6 May 2024.

The tribunal held that the indirect religion or belief discrimination complaint was presented 207 days out of time, but it was just and equitable to extend time under section 123(1)(b) of the Equality Act 2010. It accepted Mr Gill's evidence that he believed at the time that the remark was discriminatory, but did not raise the matter earlier because he feared losing his job and had a partner and family to support. Applying the Keeble factors and the wider discretion described in the authorities it cited, the tribunal found that the delay would not significantly damage the cogency of the evidence and that the respondent would not be materially prejudiced by the complaint proceeding. The tribunal did not decide the merits of the underlying allegation.

The respondent's application to strike out the direct religion or belief discrimination complaint about non-payment of a bonus in around December 2024 was refused, as was the alternative application for a deposit order. The tribunal noted Mr Gill's case that he had completed the required training, that he was the only person in his team not to receive a bonus, and that other team members with IT login problems had received bonuses. It considered the respondent's reliance on a bonus matrix and an email to another employee, but held that there was a core of disputed fact and that the documentary material was not enough at that stage to show the claim had no reasonable or little reasonable prospect of success. The bonus complaint therefore remained live for final determination.