Mr A Akabogu v Notting Hill Genesis Heard via Cloud Video Platform — 2021

At the preliminary hearing on 11 February 2021, Employment Judge Davidson heard evidence from the claimant, Mr A Akabogu, and submissions for Notting Hill Genesis. The claimant’s case had been clarified at an earlier case management hearing as direct race discrimination by Mr J Weller and Mr K Brannon, harassment by Mr Weller, and victimisation. He later filed further information, which the tribunal treated as further particulars for some allegations and as new claims in items 5 and 6, including a complaint about the process used in investigating a whistleblowing matter.

The tribunal held that the primary three-month time limit under s.123 Equality Act 2010 meant that acts before 26 December 2019 were out of time, and it found no discrimination matters in the ET1 after that date. It found no basis on which to link the allegations against Mr Weller and Mr Brannon to any act within time, and it said the victimisation claim was not particularised because no protected act had been identified. The proposed new claims in items 5 and 6 were also out of time.

The claimant did not apply for an extension of time on a just and equitable basis and gave no explanation for the lateness beyond his view that the claims were not out of time. The tribunal found that allowing the claims to proceed would unfairly prejudice the respondent because the matters complained of were many years old and the individuals concerned had left the organisation. It therefore held that it had no jurisdiction to hear the complaints and dismissed them.