Mr D Loobie-Rocque v Britannia Services Group Limited and 1 other — 2021

The claimant worked as a cleaner for Britannia Services Group Limited from 27 July 2020 to 24 August 2020. The first ET1 against the employer raised race discrimination and referred to dismissal after he complained about bullying and training. A second ET1 against Mr Estafanous raised disability discrimination, including an allegation that he said he would make the claimant kill himself if he passed his trial period. The hearing on 22 October 2021 was a preliminary hearing before Employment Judge Norris sitting alone.

The tribunal held the first claim was presented substantially out of time. It found there was no medical evidence supporting the claimant's explanation that psychosis prevented him from starting Early Conciliation in time, noted that he had ticked the ET1 box saying he did not have a disability, and concluded it was not just and equitable to extend time for the race discrimination complaint. In relation to the dismissal complaint, the tribunal applied the section 111(2)(b) Employment Rights Act 1996 test and found it was reasonably practicable to present the claim in time and, even if not, it was not presented within a reasonable period afterwards.

The tribunal also refused permission to amend the first claim to add or substitute a whistleblowing complaint based on protected disclosure about health and safety because that would have been a wholesale change of case and the pleaded materials did not mention those matters. The first claim was struck out. When the claimant later said he did not want to pursue the second claim, it was dismissed on withdrawal. No compensation or other remedy was awarded.