Mr S V Simbisai v Manchester Airport plc: 2410765/2019
JUDGMENT
[1]The claimant’s complaint of unfair dismissal was presented in time. The question of whether the claimant had accrued sufficient service in which to bring a complaint of unfair dismissal in accordance with section 108 of the Employment Rights Act 1996 will be considered a the final hearing of liability.[2]The complaint of unlawful deduction from wages was not presented in time in accordance with section 23(2) of the Employment Rights Act 1996 and is dismissed.[3]The complaint of breach of contract was not presented in time in accordance with regulation 7 and 8B of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 and is dismissed.[4]All allegations of discrimination which occurred before 5 March 2019 were presented out of time and it is not just and equitable to extend time in accordance with section 123 of the Equality Act 2010.[5]The allegations of discrimination which occurred from 5 March 2019 formed part of a series of continuing acts ending with the claimant’s dismissal and subsequent appeal against dismissal in accordance with section 123(3) of the Equality Act 2010. These allegations will be considered at the final hearing on liability. Case Number: 2410765/2019(V)[6]As the complaints of sex discrimination all occurred before 5 March 2019, this complaint is dismissed and the only complaints relating to discrimination which will be considered at the final hearing of liability relate to the protected characteristic of race.