EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000820/2025 Held by Video Conference Call in Aberdeen on September 2025 Employment Judge J M Hendry Mr A Onojah v D Leisure Limited — 2023

The claimant, Mr A Onojah, brought race discrimination and wage-related complaints arising from his employment as a cleaner. The tribunal held that alleged race discrimination before 6 November 2024 was out of time under s.123 Equality Act 2010 and dismissed those claims. In the wage-related section, it also recorded that any paternity leave complaint was considerably out of time and noted that the claimant had not met the 26-week qualifying period when he first sought leave.

The later race allegation concerning 26 December 2024 was struck out under rule 37 as having no reasonable prospects of success. Applying the cautionary approach in Hassan, Anyanwu, Ahir and Mechkarov, the judge said the claimant had not identified comparators or facts pointing to race as the reason for the treatment complained of, and that the 26 December incident did not itself show an obvious racial element.

On the remaining wage dispute, the judge said the issue was confined to three days in December 2024. He was not satisfied that the respondent's papers conclusively resolved the factual dispute, but the claimant had not produced calculations showing what remained due. The tribunal therefore refused strike out and a deposit order, and directed that the wages claim proceed to a final hearing. The respondent's papers said it recognised liability for statutory guarantee pay of £156 and accrued holiday pay of £34.32, but no tribunal award was made at this stage.