Mr H Rahim v The Big Word and 1 other — 2021

The tribunal held that thebigword Overseas Interpreting Limited was the only appropriate respondent and removed the first respondent. At an earlier closed preliminary hearing on 26 January 2021, the claimant's unfair dismissal and arrears of pay complaints were withdrawn. The remaining complaints were disability discrimination, discrimination on grounds of religion or belief, detriment and/or dismissal for making a protected disclosure, and claims for notice pay, holiday pay and other payments.

On the facts, the claimant had signed an agreement for services dated 23 January 2019 and was working in Afghanistan for the second respondent's client. On 12 March 2020 he was told by email that the client did not wish him to return after his leave, and the judge found that date was the effective date of termination and the date on which the discrimination complaints crystallised.

ACAS early conciliation did not begin until 14 August 2020 and the claim was presented on 22 September 2020, so the tribunal held it was 3 months and 11 days late. The claimant's explanations for delay, including uncertainty about forum and time limits, ill-health, an EAT appeal, pregnancy, a house purchase, alleged mafia pressure and Covid-19, were rejected. The tribunal found he knew from recent tribunal litigation that claims of this kind had strict time limits and that the real reason for delay was that he was seeking a negotiated financial settlement. It held that time should not be extended on a just and equitable basis for the discrimination claims and that it was not reasonably practicable to present the ERA claims in time, so all remaining complaints were struck out and no remedy was awarded.