Case 1302386/2016 · Employment Tribunal
in person For the v Mr D Browne - solicitor — 2018
- Case reference
- 1302386/2016
- Decision date
- 18 January 2018
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Benson Appearances
- Venue
- Birmingham
Parties
2 namedClaimant
in person For the
Respondent
Key findings
Tribunal's reasoningAt the preliminary hearing on 30 November 2017, Employment Judge Benson held that Warwick University Enterprises Limited was the correct respondent in the proceedings. The claim against the first respondent, Unitemps, was dismissed. The tribunal also recorded that the hearing was limited to preliminary issues and did not decide the merits of the surviving discrimination complaints.
The unfair dismissal claim was dismissed because it was not presented in time and the tribunal found that it had not been reasonably practicable to present it within the time limit. The complaints of disability, race and religion discrimination for the period to 31 December 2014 were also dismissed as out of time, the tribunal holding that it was not just and equitable to extend time for those complaints.
For the period 1 January 2016 to 7 April 2016, the tribunal found that the race, disability and religion discrimination complaints were again outside the relevant time limit, but it decided that it was just and equitable to extend time. It therefore held that it had jurisdiction to consider those complaints. No compensation or other remedy was determined in this judgment.
Claims and outcomes
7 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The tribunal held the unfair dismissal claim was not presented in time, despite it being reasonably practicable to do so, and dismissed it. | Dismissed | — | — |
| Disability discrimination | The complaint of disability discrimination for the period to 31 December 2014 was not presented in time. The tribunal held it was not just and equitable to extend time and dismissed that complaint. | Dismissed | Disability | — |
| Race discrimination | The complaint of race discrimination for the period to 31 December 2014 was not presented in time. The tribunal held it was not just and equitable to extend time and dismissed that complaint. | Dismissed | Race | — |
| Religion or belief discrimination | The complaint of religion discrimination for the period to 31 December 2014 was not presented in time. The tribunal held it was not just and equitable to extend time and dismissed that complaint. | Dismissed | Religion or belief | — |
| Race discrimination | The race discrimination complaint for the period 1 January 2016 to 7 April 2016 was found to be outside the relevant time limit, but the tribunal held it was just and equitable to extend time and that it had jurisdiction to consider the complaint. No merits determination was made at this preliminary hearing. |
Legal tests applied
4 references- reasonably practicable to do so
- not just and equitable to extend time
- just and equitable to extend time
- relevant time limit
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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