Mr Y Mohammed v Impact Education Multi Academy Trust HELD by: CVP — 2021

Mr Y Mohammed was employed as a sports coach and physical training instructor from 1 September 2005 until he was dismissed on 11 March 2020. He presented his tribunal claim on 18 October 2020. The tribunal noted that this was over four months late for the unfair dismissal and race discrimination claims, and over six months late for the religion or belief discrimination claim.

The tribunal accepted that the claimant had discussed his employment rights with Mr Zaheer Hanif, who had advised him on time limits, and later with Mr Younis Lunat, an employment specialist. It found that the claimant knew of his right to bring tribunal proceedings from the outset, including from his appeal correspondence and a telephone discussion on 11 March 2020. The tribunal also recorded that the claimant entered early conciliation on 23 September 2020 and received the certificate on 28 September 2020, but found that this did not assist because the referral was outside the primary limitation period.

The tribunal found the claimant to be an unreliable witness. It considered the period after Mr Lunat was instructed, the lack of any adequate explanation for the delay between early September 2020 and the presentation of the claim on 18 October 2020, and the claimant's evidence about what he knew and when. Applying section 111(2)(b) Employment Relations Act 1996 to the unfair dismissal claim and section 123(1)(b) Equality Act 2010 to the discrimination claims, and referring to Pearce v Bank of America Merrill Lynch and Others, the tribunal held that it was not reasonably practicable to extend time for the unfair dismissal claim and not just and equitable to extend time for either discrimination claim. All three claims were dismissed.