Claimant v First West of England Ltd
Outcome
Individual claims
The claim of direct racial discrimination was brought out-of-time. The tribunal dismissed the claim at preliminary hearing on jurisdictional grounds.
The claim of indirect racial discrimination was brought out-of-time. The tribunal dismissed the claim at preliminary hearing on jurisdictional grounds.
The unfair dismissal claim remains live and will be determined at a full merits hearing listed for February 2026 in Bristol.
Facts
Mr Rowaiye brought claims against his former employer First West of England Ltd including unfair dismissal and both direct and indirect racial discrimination. The respondent challenged the jurisdiction of the tribunal to hear the discrimination claims on the basis they were brought outside the statutory time limits.
Decision
At a preliminary hearing conducted remotely, Employment Judge Smail dismissed the direct and indirect racial discrimination claims on the basis they were brought out-of-time. The unfair dismissal claim will proceed to a full merits hearing in February 2026.
Practical note
Employment tribunal time limits are strictly enforced, and discrimination claims brought outside the three-month time limit (plus early conciliation extension) are vulnerable to dismissal at preliminary hearing even where other claims proceed.
Case details
- Case number
- 6009765/2024
- Decision date
- 21 August 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No