Mr M Hussain v Santio Ltd: 1309177/2019
JUDGMENT
[1]The claimant’s complaint of unlawful discrimination because of the protected characteristic of race and or religion and belief in respect only of the prohibited conduct of direct discrimination on breach of section 13 of the Equality Act 2010 by rejecting his grievance appeal without a thorough and impartial investigation into his appeal;[2]The claimants complaints of unlawful discrimination because of the protected characteristic of his race and or religion and belief because of the prohibited conduct of Direct discrimination contrary to section 13 of the Equality Act 2010 1309177/2019 in respect of all matters that occurred on or before 27 July 2019 are not presented in accordance with section 123 of the Equality Act 2010 and the tribunal does not have jurisdiction to consider the complaints.[3]Save for the complaint referred to at paragraph 1 of this judgment the claimant’s complaints of unlawful discrimination because of the protected characteristic of his race and or religion and belief because of the prohibited conduct of direct discrimination contrary to section13 of the Equality Act 2010 in respect of all matters that occurred on or after 28 July 2019 do not succeed and are dismissed.[4]The claimant’s complaint of unlawful deduction from pay in breach of section 13 of the Employment Rights Act 1996 does not succeed and is dismissed.[5]The claimant’s complaint of the alleged breach of Regulation 12 of the Working Time Regulations 1998 does not succeed and is dismissed.[6]The respondent is ordered to pay to the claimant the sum of £3000 as compensation for injury to feelings arising from the discrimination at paragraph 1 above. Employment Judge Dean 4 August 2021 Note - 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. Case No: 1309177/2019 10.15 Certificate of Correction – rule 69 March 2017 EMPLOYMENT TRIBUNALS Claimant: Mr M Hussain Respondent: Santio Limited CERTIFICATE OF CORRECTION Employment Tribunals Rules of Procedure 2013 Under the provisions of Rule 69, the Judgment sent to the parties on 6 August 2021, is corrected as set out in block type at paragraph1. _____________________________ Employment Judge Dean Date 24 November 2021 SENT TO THE PARTIES ON 26 November 2022 Important note to parties: Any dates for the filing of appeals or reviews are not changed by this certificate of correction and corrected judgment. These time limits still run from the date of the original judgment, or original judgment with reasons, when appealing. Case No: 1309177/2019 10.16 Corrected judgment with reasons – rule 69 March 2017 EMPLOYMENT TRIBUNALS Claimant: Mr M Hussain Respondent: Santio Limited Heard at: Birmingham by CVP On: 12, 13,14,16 April 2021 6 & 7 July, & 9 July 2021(in chambers) 3 August 2021 Judgment Before: Employment Judge Dean Members: Mr N Forward Mr Z Khan Appearance: For the Claimant: in person For the Respondent: Mr Crawford, counsel CORRECTED JUDGMENT The Judgment of the Tribunal is that:[1]The claimant’s complaint of unlawful discrimination because of the protected characteristic of race and or religion and belief SUCCEEDS in respect only of the prohibited conduct of direct discrimination on breach of section 13 of the Equality Act 2010 by rejecting his grievance appeal without a thorough and impartial investigation into his appeal;[2]The claimant’s complaints of unlawful discrimination because of the protected characteristic of his race and or religion and belief because of the prohibited conduct of Direct discrimination contrary to section 13 of the Equality Act 2010 in respect of all matters that occurred on or before 27 July 2019 are not presented in accordance with section 123 of the Equality Case No: 1309177/2019 10.16 Corrected judgment with reasons – rule 69 March 2017 Act 2010 and the tribunal does not have jurisdiction to consider the complaints.[3]Save for the complaint referred to at paragraph 1 of this judgment the claimant’s complaints of unlawful discrimination because of the protected characteristic of his race and or religion and belief because of the prohibited conduct of direct discrimination contrary to section13 of the Equality Act 2010 in respect of all matters that occurred on or after 28 July 2019 do not succeed and are dismissed.[4]The claimant’s complaint of unlawful deduction from pay in breach of section 13 of the Employment Rights Act 1996 does not succeed and is dismissed.[5]The claimant’s complaint of the alleged breach of Regulation 12 of the Working Time Regulations 1998 does not succeed and is dismissed.[6]The respondent is ordered to pay to the claimant the sum of £3000 as compensation for injury to feelings arising from the discrimination at paragraph 1 above.