Claimant v Huawei Software Technologies Co. Ltd

Claim struck out as out of time. Tribunal refused to extend time under just and equitable test. Tribunal also noted that direct discrimination claims were weak as a matter of law because R1 and R2 are separate legal entities, there were material differences in circumstances between comparators (employed by different entities), and no evidence that reason for different treatment was 'because of' race/nationality rather than because of where employment contract originated.

Claim struck out as out of time. Tribunal refused to extend time under just and equitable test. Tribunal also noted that indirect discrimination claims suffered serious legal defects: the alleged PCPs were not applied by 'a person' (singular) as required by s.19 Equality Act, but by two separate legal entities (R1 and R2). The comparative groups were also materially different for purposes of s.23 Equality Act.

Claim related to requirement to work Saturdays without pay (but with TOIL). Struck out as out of time. Tribunal refused to extend time, finding delay of at least 5 years unreasonable, with particular forensic prejudice on this claim as it was disputed whether there was such a requirement, Mr Liu could not give evidence, and relevant witnesses/documents likely unavailable.

Withdrawn by claimant on 18 November 2024, proceeding instead with allegation as discrimination claim only.

Withdrawn by claimant at outset of hearing.

Withdrawn by claimant contingent on tribunal allowing amendment to pursue holiday entitlement claim as race discrimination claim instead. Tribunal allowed amendment and claimant withdrew Working Time Regulations claim.