Ms. C. Olarewaju v Mr. D. Cooper and 1 other — 2020

Ms C. Olarewaju brought a direct race discrimination claim against Mr D. Cooper and Unify Brand Partnership Ltd. She said she was treated less favourably because of her colour and ethnic origin when she was required to undergo a DBS check at the start of her employment on 11 February 2019, whereas she understood her colleagues were not required to do so. The respondents said the check was explained as part of the terms and conditions of employment and was required because references had not been received, or were incomplete, and there were gaps in the claimant's CV.

The tribunal held that the discrimination claim was presented out of time, but it was just and equitable to extend time to 4 February 2020, the date the claim was actually presented. The judge accepted that the claimant said she only discovered on 29 January 2020 that she had uniquely been asked to undertake the DBS check, and that she acted quickly by commencing ACAS early conciliation on 30 January 2020 and presenting the claim shortly afterwards. The judge also recorded that both sides' versions remained contested and made no findings that would affect the fact-finding at a full hearing.

As to Unify Brand Partnership Ltd, the judge noted that the claimant had not entered early conciliation with R2 and that a claim against it would otherwise be rejected for non-compliance with the early conciliation provisions. However, the tribunal added R2 as a party because Mr Cooper was described as the controlling mind of the business and had said he was acting in accordance with R2's policies, procedures and contracts, so there were issues between the parties which, in the interests of justice, should be determined in the proceedings. No financial award was made at this preliminary stage.