Claimant v Brake Bros Limited
Outcome
Individual claims
The claimant accepted he could not bring an unfair dismissal claim because he worked for the respondent for less than two years, regardless of any argument as to whether or not he was an employee of the respondent.
The tribunal determined it did not have jurisdiction to hear the claim because ACAS Early Conciliation was commenced seven weeks late, and it was not just and equitable to extend the time limit by seven weeks in the circumstances of this case.
Facts
Mr Nhlane worked for Brake Bros Limited for less than two years before his assignment was terminated. He brought claims for unfair dismissal and direct race discrimination relating to the termination. ACAS Early Conciliation was commenced on 4 July 2023, seven weeks after the usual three month time limit would have required.
Decision
The tribunal struck out both claims. The unfair dismissal claim could not proceed because the claimant had less than two years' service. The race discrimination claim was struck out because the tribunal did not have jurisdiction due to the claim being presented out of time, and it was not just and equitable to extend the time limit by seven weeks.
Practical note
Claims presented outside statutory time limits will be struck out unless the tribunal considers it just and equitable to extend time, with significant delays reducing the likelihood of an extension being granted.
Legal authorities cited
Statutes
Case details
- Case number
- 6001221/2023
- Decision date
- 9 January 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No