Case 2204182/2022 · Employment Tribunal
Mr. D. James v Network Rail Infrastructure Ltd. Hearing: Public Preliminary Hearing — 2023
- Case reference
- 2204182/2022
- Decision date
- 1 November 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Tinnion Appearances
Parties
2 namedClaimant
Mr. D. James
Key findings
Tribunal's reasoningAt a public preliminary hearing on 1 November 2023 before Employment Judge Tinnion, the Tribunal considered the Claimant’s unfair dismissal claim and Equality Act claims in ET1 presented on 6 July 2023 in Case No. 2303170/2023. The Tribunal held that the unfair dismissal claim under ss.94-98 of the Employment Rights Act 1996 was not presented in time. It found that it was reasonably practicable for the Claimant to have presented that claim in time, so the Tribunal did not have jurisdiction to consider it.
The Tribunal reached the same procedural conclusion on the Equality Act claims. It held that the claims that the dismissal with effect from 23 March 2023 was direct race discrimination, harassment related to race, and victimisation because the Claimant had asserted his race discrimination claims in Case No. 2204182/2022 were all not presented in time. The Tribunal further held that it was not just and equitable to extend time for those claims.
Because the Tribunal found that it lacked jurisdiction to consider the unfair dismissal claim and the Equality Act claims, it struck out all of them under Rule 37(1)(a) on the basis that they had no reasonable prospect of success given the jurisdictional bar. The judgment records that reasons were given orally at the hearing and no written reasons were provided.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Claim under ss.94-98 ERA 1996 in ET1 presented on 6 July 2023 (Case No. 2303170/2023) was found not to have been presented in time; it was reasonably practicable to present it in time, so the Tribunal had no jurisdiction and struck it out under Rule 37(1)(a). | Struck out | — | — |
| Race discrimination | Direct race discrimination claim based on dismissal with effect from 23 March 2023 was found not to have been presented in time; the Tribunal also refused to extend time as it was not just and equitable to do so, and struck the claim out for lack of jurisdiction. | Struck out | Race | — |
| Harassment | Harassment related to race claim based on the dismissal with effect from 23 March 2023 was found not to have been presented in time; the Tribunal refused to extend time as it was not just and equitable to do so, and struck the claim out for lack of jurisdiction. | Struck out | Race | — |
| Victimisation | Victimisation claim alleging detriment because the Claimant had asserted race discrimination claims in Case No. 2204182/2022 was found not to have been presented in time; the Tribunal refused to extend time as it was not just and equitable to do so, and struck the claim out for lack of jurisdiction. | Struck out | Race | — |
Legal tests applied
3 references- reasonably practicable
- just and equitable
- Rule 37(1)(a)
Official outcome judgment PDF
Gov.uk primary recordThe 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.
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