Case 2201791/2021 · Employment Tribunal

In person v Ms. B Samuels , Peninsula — 2021

Case reference: 2201791/2021
Decision date: 9 November 2021
Jurisdiction: England & Wales
Judge: Employment Judge Russell

Indexed: 23 May 2026

Parties

2 named

Claimant

In person

Respondent

Ms. B Samuels , Peninsula

Key findings

Tribunal's reasoning

At the preliminary hearing on 9 November 2021, the tribunal considered the respondent's strike-out application, principally on jurisdiction. The claimant's employment had ended on 25 November 2020, ACAS early conciliation ended on 18 March 2021, and the ET1 was lodged on 21 April 2021, four days late. The tribunal accepted that the claimant had acted in good faith and had health issues, but found that he had no justifiable reason for missing the deadline.

Claims and outcomes

2 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unfair dismissal	The ET1 was presented four days out of time. The tribunal found it was reasonably practicable for the unfair dismissal claim to have been filed in time and struck the claim out on jurisdiction grounds; the opening order also described the claim as dismissed.	Struck out	—	—
Race discrimination	The tribunal granted an extension of time on a just and equitable basis and refused the respondent's strike-out application under Rule 37, so the direct race discrimination claim was allowed to continue to the listed full hearing on 22 and 23 February 2022.	Other	Race	—

Legal tests applied

9 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

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.

Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.