Mr D Oshijo v The Big Bus Company Ltd: 2207083/2020
JUDGMENT
[1]The employment tribunal does not have jurisdiction to consider the claimant’s complaints of discrimination because they were not presented within the period of 3 months stipulated by section 123(1)(a) Equality Act 2010 (“the Act”), nor within such other period as the employment tribunal thinks just and equitable under section 123(1)(b) of the Act.[2]During the period covered by his complaints the claimant was a worker but not an employee under the provisions of section 230 Employment Rights Act 1996.[3]The claimant did not wish to pursue a claim regarding furlough payments linked to worker status (as opposed to employee status) - complaints regarding furlough pay were therefore withdrawal by the claimant.[4]As a consequence of 1, 2 and 3 above the claim is dismissed. 10.7 Judgment with reasons – rule 62 Case No: 2207083/2020(V):