Mr A Genidy v Stay Original Company Ltd: 1404356/2019
JUDGMENT
[1]The Claimant’s complaints of discrimination were brought out of time, but it was just and equitable to extend time to allow them to be determined at a final hearing under s. 123 of the Equality Act 2010.[2]It was not reasonably practicable for the Claimant’s complaints of unlawful deductions from wages and unpaid holiday pay to have been issued in time within the meaning of s. 23 of the Employment Rights Act 1996 and regulation 30 of the Working Time Regulations 1998 and they will also be determined at a final hearing, with the exception of the alleged underpayment dated 18 December 2018.[3]The claim proceeds to hearing in accordance with the Case Management Summary and Order of even date. _____________________________ Employment Judge Livesey Date_26 October 2020 _________[1]The Respondent harassed the Claimant on grounds of his race and failed to pay arrears of holiday pay, in the agreed sum of £324.00.[2]The Claimant’s claims of direct discrimination, unlawful deductions from wages and failure to provide terms and conditions of employment fail and are dismissed.[3]The Respondent is ordered to pay the Claimant the sum of £25966.00 (to include interest of £3466.00), in respect of injury to his feelings and £324.00 in respect of holiday pay - in total therefore £26,290.00.