Mr E Ogbonna and Mr T Williams v Tata Consultancy Services Ltd and others: 2404355/2018 and 2404359/2018
JUDGMENT
[1]The claimants’ claims of race discrimination (save in respect of claims relating to termination of the claimant’s respective engagements by R1) were presented to the tribunal out of time in circumstances when it would not be just and equitable to extend time to the date of actual presentation of the claims on 28 February 2018; there was no continuing course of discriminatory conduct such that some or all the other claims of direct discrimination were presented in time. Case No.2404355/2018 2404359/2018[2]The Employment Tribunal has no jurisdiction to hear the claimants’ claims of race discrimination against R1 as the claimants were neither contract workers nor employees of R1;[3]The Employment Tribunal has no jurisdiction to hear either claimant’s claims against R2 – R5 as neither claimant was an employee or contract worker of R1;[4]Notwithstanding the above judgments the tribunal found that R1 – R5 did not directly discriminate against either claimant in respect of the protected characteristic of race;[5]The Employment Tribunal has no jurisdiction to hear the claimant’s claim of breach of employment contract against R1; the claimants were not employed by R1;[6]Notwithstanding the above judgment at paragraph 5, insofar as there was any contractual arrangement affecting the relationship between the claimants and the respondents the tribunal found no evidence of breach of contract;[7]In consequence of the judgments at paragraphs 1 – 6 above, all the claimants’ claims fail and are dismissed.