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2201280/2019Dismissed

WKCIC Group and Morgan Hunt UK Ltd

1 December 2020England & WalesEmployment Judge Quill
GOV.UK

Case Summary

The case was a preliminary hearing to consider time limit issues for claims of direct discrimination because of race, disability, failure to make reasonable adjustments, and unauthorised deduction from wages. The claimant's complaints against both respondents were dismissed as they were presented outside the applicable time limit.

Key Issues

  • complaints against each respondent were presented outside the applicable time limit
  • whether time should be extended

Claim Types

Cited Laws and Legal Issues

Employment Rights Act 1996 section 13Employment Rights Act 1996

disability, failure to make reasonable adjustments, and unauthorised deduction from wages. The claimant's complaints against both respondents wer

Equality Act 2010 disability discriminationEquality Act 2010

rimination because of race, disability, failure to make reasonable adjustments, and unauthorised deduction from wages. The claimant's

Equality Act 2010 race discriminationEquality Act 2010

28.4 The email also discussed potential complaints of race discrimination. 28.5 The email contained a fairly lengthy discussion

Working Time Regulations 1998Working Time Regulations 1998

leave, or in lieu of leave. See regulation 30 of the Working Time Regulations 1998. 42. In each case, the time limit is potentiall

Decision Text

V 1 of 16 EMPLOYMENT TRIBUNALS Claimant: Mrs Y Simon Respondent: WKCIC Group (1) Morgan Hunt UK Ltd (2) Heard at: London Central Employment Tribunal (in public; by video) On: 27 August 2020 Before: Employment Judge Quill (sitting alone) Appearances For the claimant: In person For the respondent: Mr T Perry counsel (1) Mr A Crow, employee (2) RESERVED JUDGMENT (1) All of the complaints against each respondent were presented outside the applicable time limit. No extension is granted all the complaints are dismissed. REASONS Introduction 1. I apologise to the parties for the lateness of this decision. 2. The Claimant was an agency worker who, at relevant times, was supplied by the Second Respondent to work for the First Respondent. This was a preliminary hearing to consider time limit issues. The Claims 3. As set out more fully in my record of the preliminary hearing of 30 March 2020, the Claimant’s claims were for direct discrimination because of race, direct discrimination because of disability, failure to make reasonable adjustments, discrimination arising from disability, failure to provide (or pay in lieu for on termination) annual leave entitlement, unauthorised deduction from wages. V 2 of 16 The Issues 4. The list of issues was agreed between the parties at the preliminary hearing of 30 March 2020 and set out in my record of that hearing. For the public preliminary hearing on 27 August 2020, the issues for me to consider were whether the claims and complaints were brought within the relevant time limit and, if not, whether time should be extended. 5. That in turn gave rise to sub-issues: 5.1 For each complaint, and for each respondent, what was the date of the act or omission complained of (or the latest in a series, or the end of a continuing act, as the case may be) 5.2 What were the dates of Early ...

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Employer

Respondent

WKCIC Group and Morgan Hunt UK Ltd

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Case Details

Case Number
2201280/2019
Tribunal
Employment Tribunal
Level
First instance
Decision Date
01/12/2020
Published
06/01/2021
Jurisdiction
England & Wales
Judge
Employment Judge Quill