Case 2200786/2017 · Employment Tribunal
Ms N Mukoro v Independent Workers’ Union of Great Britain and 6 others — 2022
- Case reference
- 2200786/2017
- Decision date
- 14 February 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Grewal
Parties
8 namedKey findings
Tribunal's reasoningThe Tribunal was concerned only with the race discrimination complaints identified at the preliminary hearing. The claimant said that, throughout her employment, Jason Moyer-Lee and various volunteers and officers spoke in Spanish in her presence, and that on 20 April 2016 she was reported to the Legal Department Sub-committee as being aggressive, rude, sullen and a 'mouthy black woman'. The claimant had presented her claim form on 4 April 2017.
The Tribunal held both complaints were out of time under Equality Act 2010 s123(1). It found there was no tenable basis for treating the Spanish-speaking allegation as conduct extending over a period ending after 10 June 2016, and no sustainable reason to extend time on the just and equitable basis. On the second complaint, it held the allegation was a one-off event, time ran from 29 April 2016, and the claim was about eight months out of time.
In reaching that conclusion, the Tribunal noted that the claimant declined to give evidence to explain the delay, her written representations were silent on the time issue, and she had not shown that poor health prevented her from taking steps to protect her position. It therefore dismissed both race discrimination complaints for want of jurisdiction. The Tribunal also said that, had the detriment complaints survived the jurisdictional challenge, both would have been strong candidates for strike out or deposit orders. The separate dismissal-based claim was dealt with in an accompanying document, not in this judgment.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | Allegation that throughout the claimant's employment Jason Moyer-Lee and various volunteers and officers spoke in Spanish in her presence. The Tribunal held the complaint was presented out of time, found no tenable conduct-extending-over-a-period argument, and dismissed it for want of jurisdiction. | Dismissed | Race | — |
| Race discrimination | Allegation that Jason Moyer-Lee reported the claimant to the Legal Department Sub-committee for being aggressive, rude, sullen and a 'mouthy black woman'. The Tribunal treated this as a one-off event, held the complaint was about eight months out of time, and dismissed it for want of jurisdiction. | Dismissed | Race | — |
Legal tests applied
8 references- Equality Act 2010 s123(1)
- Equality Act 2010 s123(3)(a)
- just and equitable discretion
- Employment Tribunals Rules of Procedure 2013 r37(1)(a)
- Employment Tribunals Rules of Procedure 2013 r39(1)
- Robertson v Bexley Community Centre [2003] IRLR 434 CA
- Anyanwu v South Bank Students Union [2001] 1 WLR 683 HL
- ABN Amro Management Services Ltd v Hogben UKEAT/0266/09
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.
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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