Mr A Ibrahim v Wilson James Ltd and 1 other — 2022

This was an open preliminary hearing about time limits, whether time should be extended, and whether the claimant had standing to bring claims against the second respondent. The claimant, who is of black African origin and Somalian nationality, alleged race discrimination and harassment connected with comments and conduct at the second respondent's site, his removal from that site, and the handling of grievances by both respondents.

For the first respondent, the Tribunal found that the claimant's grievance appeal determined on 6 February 2019 was not limited to complaints about the grievance officer's conduct, but also involved reconsideration and investigation of matters raised in the original grievance. Applying the continuing act authorities, the Tribunal found the claim against the first respondent was in time.

For the second respondent, the Tribunal found that the grievance decision had been made by 21 December 2018, even though the detailed written summary was sent to the claimant on 11 January 2019. On that basis the claim was out of time by a few days, but the Tribunal accepted that the claimant's representative had been genuinely unaware of the Virdi and McKinney authorities, that the delay was short, and that the cogency of evidence would not be affected. It was therefore just and equitable to extend time.

The Tribunal also found that the claimant had standing to bring the claims against the second respondent under section 109 Equality Act 2010. It found there was enough involvement by the first respondent in the events and grievance process, and that the grievance was conducted with the second respondent's authority, for the claims to proceed to a substantive hearing.