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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