Cases3304734/2024

Claimant v Vertue Motors (VMC) Ltd

15 January 2025Before Employment Judge ShrimplinWatfordremote video

Outcome

Claimant fails

Individual claims

Direct Discrimination(race)struck out

The claim was not brought within the statutory time limits under the Equality Act 2010. The tribunal did not consider it just and equitable to extend the time limit and the claim was therefore dismissed.

Unlawful Deduction from Wagesstruck out

The claim was not brought within the statutory time limits under the Employment Rights Act 1996. The tribunal found it was reasonably practicable for the claimant to bring the claim in time and therefore dismissed it.

Breach of Contractstruck out

The claim was not brought within the statutory time limits under the Employment Rights Act 1996. The tribunal found it was reasonably practicable for the claimant to bring the claim in time and therefore dismissed it.

Facts

The claimant, Mr Ali Saeed, brought claims of race discrimination and unlawful deduction of wages/breach of contract against his former employer, Vertue Motors (VMC) Ltd. The hearing was conducted remotely by video. The claimant appeared in person without legal representation, while the respondent was represented by counsel.

Decision

The tribunal dismissed all claims on the basis that they were brought outside the statutory time limits. For the race discrimination claim, the tribunal did not consider it just and equitable to extend time under the Equality Act 2010. For the wages and contract claims, the tribunal found it was reasonably practicable for the claimant to bring the claims in time under the Employment Rights Act 1996.

Practical note

Unrepresented claimants face significant risks when missing tribunal time limits, as tribunals may find no just and equitable grounds for extension even in discrimination cases.

Legal authorities cited

Statutes

Equality Act 2010Employment Rights Act 1996

Case details

Case number
3304734/2024
Decision date
15 January 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
retail
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No