Mr S Gebrehiwot v Migrant Helpline Ltd — 2021

Mr Gebrehiwot had worked for Migrant Helpline Limited for six years before his dismissal in January 2020. This preliminary hearing concerned whether pre-17 December 2019 allegations were in time and whether any allegations should attract deposit orders. The judge found that the claimant had known since 2018 that he could bring tribunal claims, had been a UNISON member throughout his employment, had taken union advice in September 2019, and had also spoken to the Citizens' Advice Bureau and a solicitor before presenting the claim on 1 April 2020. The judge accepted that his delay was driven by his own caution and fear of adverse consequences, rather than by any threat or warning from the respondent.

The judge dismissed discrimination schedule items 1, 2, 5 and 6, and harassment schedule items 1, 2, 3, 5 and 6, as out of time. He found no sufficient connection between those matters and the in-time dismissal allegations, and he was not satisfied that it would be just and equitable to extend time. He also said that item 6 in the discrimination/harassment material did not identify a pleaded act or omission by the respondent. By contrast, items 3 and 4 of the discrimination schedule and item 4 of the harassment schedule were treated as potentially part of a continuing course of conduct or otherwise in time, and were left for the final hearing.

The judge held that items 3 and 4 of the discrimination schedule had little prospect of success and ordered a deposit of £150 for each, making a total of £300. In setting the amount, he took account of the claimant's means and rejected the respondent's request for a £1,000 deposit. He did not make a separate deposit order for the notice-pay allegation because he regarded it as closely tied to the unfair dismissal claim.