The Employment Tribunal failed properly to determine complaints of unauthorised deduction from wages, race discrimination and marital discrimination of an employee who was suspended from work on the basis that he required an ECS immigration check despite having provided evidence that as a spouse of an EU national he had the right to work in the UK. The matter was remitted to be redetermined.

HHJ Tayler was critical of the judgment itself saying at [28[

*"Overall, the reasoning of the Employment Tribunal is unsafe in circumstances in which it appears to be incomplete, and possibly is a draft."*