Case 1303265/2024 · Employment Tribunal
Mr Nsimba Da Silva v Extra Personnel Limited — 2025
- Case reference
- 1303265/2024
- Decision date
- 13 November 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hussain
Parties
2 namedClaimant
Mr Nsimba Da Silva
Respondent
Key findings
Tribunal's reasoningMr Nsimba Da Silva worked for Extra Personnel Limited as a security officer from 2 April 2019 to 23 December 2024. He presented claims for race discrimination and harassment related to race on 1 February 2024, relating to conduct said to have occurred between March and April 2021. At the public preliminary hearing on 11 November 2025, the tribunal spent time clarifying the complaints and concluded that it was not just and equitable to extend the time limit for presenting the claims, so the claims were dismissed.
In refusing the extension, the tribunal found that the February 2024 claim form was the third attempt to present a valid claim form, that the earlier forms did not include race discrimination complaints, and that the respondent first became aware of race discrimination allegations only in 2024, nearly three years after the events complained of. The tribunal accepted that the respondent had no opportunity to investigate the complaints at the time, that one of the individuals referred to was no longer employed, and that memories were likely to have faded. It also found that the delay was likely to affect the claimant's own recollection and the cogency of the evidence.
The claimant sought reconsideration on grounds including that the matter should have been treated as a new claim, that he had not understood the process, that the hearing was biased, and that he had not been allowed to give details or ask questions. Applying rules 68 to 71 of the Employment Tribunal Procedure Rules 2024 and referring to Flint v Eastern Electricity Board on the need for finality, the tribunal held that there was no reasonable prospect of varying or revoking the earlier decision. It found that the claimant had been given a full opportunity to present his case, that evidence on the alleged discrimination did not need to be heard at the preliminary hearing, and that no error of fact or law or overlooked material evidence had been shown. The reconsideration application was refused on 1 December 2025.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | Dismissed after the tribunal refused to extend time for presenting the claim; the preliminary hearing did not determine the merits of the alleged conduct. | Dismissed | Race | — |
| Harassment | Dismissed after the tribunal refused to extend time for presenting the claim; the allegation was treated as harassment related to race. | Dismissed | Race | — |
Legal tests applied
3 references- just and equitable to extend time
- rules 68-71 Employment Tribunal Procedure Rules 2024
- Flint v Eastern Electricity Board
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.
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