Case 1601713/2023 · Employment Tribunal
Mr Abdo Karim Tourkmani v Aneurin Bevan University Local Health Board — 2024
- Case reference
- 1601713/2023
- Decision date
- 9 July 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge S Jenkins Representation
Parties
2 namedClaimant
Mr Abdo Karim Tourkmani
Key findings
Tribunal's reasoningAt a video hearing in Cardiff on 2 and 3 July 2024 before Employment Judge S Jenkins, the tribunal permitted the claimant to amend his ET1 to use a different address and rejected the respondent's strike-out point based on the omission of an address from the original form. That procedural issue did not determine the substantive complaints.
The tribunal held that the claimant's unfair dismissal complaint was out of time because it was not brought within three months beginning with the effective date of termination. It found that it was not reasonably practicable for the complaint to have been presented within that period, but it was not presented within a further reasonable period, so the unfair dismissal claim was dismissed.
The tribunal also held that the direct race discrimination complaint was out of time because it was not brought within three months beginning with the date of the latest act relied on. It decided that it was not just and equitable to extend time. The judgment added that, to the extent the claimant was permitted to pursue a victimisation complaint by amendment, that complaint would also have been dismissed.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the complaint was presented outside the three-month period from the effective date of termination. It accepted that it was not reasonably practicable to present the claim in time, but the claim was not brought within a further reasonable period. | Dismissed | — | — |
| Race discrimination | The tribunal found the direct race discrimination complaint was presented outside the three-month period from the date of the latest act relied on. It held that it was not just and equitable to extend time. | Dismissed | Race | — |
| Victimisation | The tribunal said that, to the extent the claimant was permitted to amend to add victimisation, that complaint would also have been dismissed on limitation grounds and because it was not just and equitable to extend time. | Dismissed | — | — |
Legal tests applied
2 references- not reasonably practicable
- 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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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.
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