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2300507/2020Struck Out

Moss Bros Group Ltd

8 February 2024England & WalesEmployment Judge Abbott
GOV.UK

Case Summary

Complaints of direct race and religion discrimination, harassment related to race and religion, victimisation, notice pay, arrears of pay, and other payments were struck out. Unfair dismissal and holiday pay complaints proceeded to final hearing.

Key Issues

  • complaints struck out under rule 37(1)(e)
  • unfair dismissal
  • holiday pay

Claim Types

Cited Laws and Legal Issues

Employment Rights Act 1996 unfair dismissalEmployment Rights Act 1996

ay, arrears of pay, and other payments were struck out. Unfair dismissal and holiday pay complaints proceeded to final hearing.

Equality Act 2010 race discriminationEquality Act 2010

Complaints of direct race and religion discrimination, harassment related to race and religion, victimisation, notice pay, arrears of pay

Working Time Regulations 1998Working Time Regulations 1998

nd other payments were struck out. Unfair dismissal and holiday pay complaints proceeded to final hearing.

Decision Text

Case No: 2300507/2020 EMPLOYMENT TRIBUNALS Claimant: Mr A Boateng Respondent: Moss Bross Group Limited Heard at: London South Employment Tribunal (by CVP) On: 11 September 2023 Before: Employment Judge Abbott Representation Claimant: in person Respondent: Mr Paul Smith, counsel JUDGMENT FOLLOWING PRELIMINARY HEARING 1. By consent, the name of the Respondent is amended to “Moss Bros Group Limited”. 2. The following complaints are struck out under rule 37(1)(e) on the basis that a fair hearing of them is no longer possible: a. Direct race and religion discrimination (s.13 Equality Act 2010) – which includes the “equal pay” claim identified in the ET1 and allegations concerning Sunday work; b. Harassment related to race and religion (s.26 Equality Act 2010); and c. Victimisation (s.27 Equality Act 2010). 3. The complaints in relation to notice pay, arrears of pay and other payments (unauthorised deductions) are dismissed upon withdrawal by the claimant. 4. The complaints of unfair dismissal and in respect of holiday pay shall proceed to final hearing on 5-9 February 2024 before an Employment Judge sitting alone. Employment Judge Abbott Date: 11 September 2023 Case No: 2300507/2020 Notes Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Public access to employment tribunal decisions Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment- tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case.

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Employer

Respondent

Moss Bros Group Ltd

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Case Details

Case Number
2300507/2020
Tribunal
Employment Tribunal
Level
First instance
Decision Date
08/02/2024
Published
20/05/2024
Jurisdiction
England & Wales
Judge
Employment Judge Abbott