Case 1306108/2019 · Employment Tribunal
Mr D Hilton v Swansway Garages Limited — 2020
- Case reference
- 1306108/2019
- Decision date
- 20 October 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Mark Butler
- Venue
- Birmingham
Parties
2 namedClaimant
Mr D Hilton
Respondent
Key findings
Tribunal's reasoningThis was a preliminary issue judgment heard at Birmingham via CVP before Employment Judge Mark Butler on 12 October 2020, with written judgment dated 20 October 2020. The tribunal considered only limitation and whether time should be extended for the claims to proceed.
The claimant's claims of unlawful discrimination by reference to race were found to have been presented out of time. The tribunal decided that it was not just and equitable to extend time, so those race discrimination claims were dismissed.
The tribunal reached the same conclusion on the victimisation claim. It found that the claim was presented out of time and that it was not just and equitable to extend time to permit the bringing of the claim, so the victimisation claim was dismissed.
No liability findings on the substantive merits and no monetary award were recorded in this judgment, which disposed of the case on the preliminary time-limit issue.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | The tribunal held that the unlawful discrimination claims by reference to race were presented out of time and that it was not just and equitable to extend time. | Dismissed | Race | — |
| Victimisation | The tribunal held that the victimisation claim was presented out of time and that it was not just and equitable to extend time to allow it to proceed. | Dismissed | — | — |
Legal tests applied
1 reference- just and equitable to extend time
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.