Case 1802895/2022 · Employment Tribunal
Mr M Mubin v ARLA Foods UK plc — 2023
- Case reference
- 1802895/2022
- Decision date
- 21 March 2023
- Jurisdiction
- England & Wales
Parties
2 namedClaimant
Mr M Mubin
Respondent
Key findings
Tribunal's reasoningAt a preliminary hearing on 6 March 2023, Employment Judge K M Ross, sitting alone by CVP, allowed the claimant to amend his complaint so that it included allegations arising from the respondent's failure to appoint him to the QESH Manager post in Lockerbie in September 2017, the Quality Specialist post in June 2020, and the QESH Manager post at Settle in 2020. Those allegations were pleaded as direct disability discrimination and/or race discrimination.
The Tribunal then held that those three allegations were each separate acts, did not amount to discrimination extending over a period of time, and were brought out of time. Applying section 123 Equality Act 2010, the Tribunal was not satisfied that it was just and equitable to extend time. It therefore held that it had no jurisdiction to hear those out-of-time allegations.
The claimant's allegation that the failure to shortlist and/or interview and/or appoint him to the Senior QESH Manager role at the Lockerbie site in 2022 was an act of direct disability and/or race discrimination was not finally determined at this hearing and was listed to proceed to a final hearing.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | The claimant was allowed to amend his complaint to include allegations that the failure to appoint him to the QESH Manager role in Lockerbie in September 2017, the Quality Specialist role in June 2020, and the QESH Manager role at Settle in 2020 were acts of direct disability discrimination. The Tribunal then held those allegations were three distinct acts, were not part of discrimination extending over a period of time, were presented out of time, and that it was not just and equitable to extend time under section 123 Equality Act 2010. The Tribunal said it therefore had no jurisdiction to hear them. | Struck out | Disability | — |
| Race discrimination | The claimant was allowed to amend his complaint to include allegations that the failure to appoint him to the QESH Manager role in Lockerbie in September 2017, the Quality Specialist role in June 2020, and the QESH Manager role at Settle in 2020 were acts of direct race discrimination. The Tribunal then held those allegations were three distinct acts, were not part of discrimination extending over a period of time, were presented out of time, and that it was not just and equitable to extend time under section 123 Equality Act 2010. The Tribunal said it therefore had no jurisdiction to hear them. | Struck out | Race | — |
Legal tests applied
3 references- Owusu v London Fire and Civil Defence Authority [1995] IRLR 574
- section 123 Equality Act 2010
- 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.
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