Mr B Krasniqi v Mitie Limited — 2022

The preliminary hearing concerned whether the tribunal had jurisdiction to hear the claims. The claimant said he had not received the August 2017 dismissal letter and remained employed on suspension. The tribunal accepted that he had not received the letter at the time, but found that he was not still employed and that the effective date of termination was 18 August 2017 at the latest. It relied on the later correspondence, the claimant's own references to dismissal, the County Court proceedings, and his subsequent full-time work as inconsistent with continued employment.

The tribunal found that the unfair dismissal claim could not proceed because the claimant had not completed two years' service by the effective date of termination. It also found the unfair dismissal and wages claims were substantially out of time, that it had been reasonably practicable to present them in time, and that they had not been presented within a reasonable time thereafter. The wages claim also faced the further difficulty that the County Court had already determined the overpayment issue in the respondent's favour.

For the Equality Act complaints, the tribunal found it was unclear precisely what act was complained of, but the only identified allegation against Mr Lambert related to the incident on 19 June 2017. The race discrimination claim was therefore about four years out of time. The tribunal declined to extend time on just and equitable grounds, noting the length of delay, the lack of an adequate explanation, the prejudice to the respondent in defending the claim, and the claimant's failure to obtain an Early Conciliation certificate and seek reconsideration after his 2019 claim was rejected. The claim was struck out.