Mr S Maritz v Bluthner Piano Centre Limited — 2022

Mr S Maritz brought a single claim of direct race discrimination arising from his dismissal by Bluthner Piano Centre Limited. He said he was treated less favourably because he was of South African origin. The tribunal found that his employment ended on 5 March 2021 and that, after the ACAS Early Conciliation adjustment, the deadline for presenting the claim expired on 6 June 2021. The claim was not presented until 16 June 2021, so it was 10 days out of time.

On the limitation issue, the tribunal accepted that the Claimant had obtained legal advice in March 2021 and had sent a pre-action letter on 19 March 2021. It found that he knew he had an employment tribunal claim to bring shortly after dismissal, and that his father’s ill health and his own COVID-19 infection did not explain why he did not present the claim within time. Applying section 123 Equality Act 2010 and the authorities it cited, including Robertson, Caston, Adedeji and Keeble, the tribunal concluded that it was not just and equitable to extend time.

The tribunal also set out its conclusions on the merits in the event that time had been extended. It found there was no evidence that the Claimant’s nationality or ethnic origin played any role in the decision to dismiss him, or in the treatment leading up to dismissal. The concerns recorded by the Respondent were about his approach to the business, email style, customer communications, management style and a loss of trust, not about race. The tribunal noted that the Respondent had recruited him knowing he was South African, and held that the claim would in any event have been dismissed on the merits because the dismissal was not because of race, nationality or ethnic origin.