8000074/2023
Miss K Dzhoykeva v D A Baillie Ltd
- Decision date
- 17 Aug 2023
- Published
- 5 Sep 2023
- Country
- Scotland
- Source
- GOV.UK ↗
Breach of Contract
Public Interest Disclosure
Race Discrimination
Religion or Belief Discrimination
Working Time Regulations
Judgment · 14 pages · 51 indexed sections
View PDF ↗
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000074/2023 Held in Dundee remotely by CVP on 14 August 2023 5 Employment Judge Sutherland Interpreter: Ms M Spirdonova 10 Miss Kostadinka Dzhoykeva Claimant In person 15 D A Baillie Limited Respondent Represented by Ms J McLaughlan, Solicitor 20
JUDGMENT OF THE EMPLOYMENT TRIBUNAL The Judgment of the Tribunal is that the Respondent’s application for strike out of the complaints is refused.
25 REASONS Introduction
1. The Claimant has made complaints of direct race and/or religious discrimination and harassment, automatically unfair dismissal by reason of whistleblowing, unauthorized deduction from wages (for failure to pay 30 overtime and for deduction of utility costs and failure to pay holiday pay) and failure to provide weekly rest breaks.
2. An open preliminary hearing was listed to determine the following issues – 8000074/2023 Page 2 a. Whether the Claimant’s application to amend should be allowed b. whether the complaints should be struck out on the grounds of no reasonable prospects of success.
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