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3305355/2022Partially Successful

BT plc

1 September 2023England & WalesEmployment Judge R Wood
GOV.UK

Case Summary

The tribunal found that the respondent failed to make payments in respect of accrued but untaken holiday pay and made unauthorised deductions in respect of overtime payments. The claimant was not successful in his claims for direct race discrimination, unfair dismissal, victimisation, or unlawful deductions from wages.

Key Issues

  • Unfair dismissal based on misconduct related to the use of a company laptop
  • Failure to pay accrued but untaken holiday pay and unauthorized deductions from overtime payments

Claim Types

Unfair DismissalUnlawful Deduction

Decision Text

1 EMPLOYMENT TRIBUNALS Claimant Respondent Mr Adeel Akhtar v BT PLC Heard at: Bury St Edmunds On: 24-28 July 2023 Before: Employment Judge R Wood; Mrs J Mrs J Schiebler; Mrs L Gaywood Appearances For the Claimant: In Person For the Respondent: Mr Sellwood (Counsel) RESERVED JUDGMENT 1. The Claimant was not the subject of discrimination based on race by the respondent. 2. The claimant was not unfairly dismissed by the respondent. 3. The respondent did not victimise the claimant contrary to section 27 of the Equality Act 2010. 4. The respondent failed to make payments in respect of accrued but untaken holiday pay in the sum of £820.67. This is a gross sum. The respondent is liable to pay any tax on this sum. 5. The respondent made unauthorised deductions in respect of overtime payments in the same of £3846.14. This is a gross sum. The respondent is liable to pay any tax on this sum. 2 RESERVED DECISION Claims and Issues 1. Page numbering referred to in square brackets in these reasons are to pages in the bundle, unless otherwise stated. 2. This is a claim which involves allegations of direct race discrimination, unfair dismissal, victimisation, and unlawful deductions from wages. 3. The claimant’s ethnicity is of Pakistani origin. He grew up and was educated initially in Pakistan. He came to the UK in 2008 where he obtained a masters degree. He began working for the respondent in 2013. At the time of the relevant events, he worked as a senior delivery, operations and support engineer at the respondent’s site in Martlesham, Ipswich. He was summarily dismissed with effect from 29th November 2021. The claimant says that he was the subject of a prolonged course of treatment which was, at least in part, based on his race. This includ...

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Case Details

Case Number
3305355/2022
Decision Date
01/09/2023
Published
05/10/2023
Jurisdiction
England & Wales
Judge
Employment Judge R Wood