Case 2206705/2021 · Employment Tribunal

Mr. Ahmed Rouaba v Mr. Safaa Jibara and 2 others — 2022

Case reference: 2206705/2021
Decision date: 19 May 2022
Jurisdiction: England & Wales
Judge: Employment Judge Tinnion Appearances

Indexed: 18 May 2026

Parties

4 named

Claimant

Mr. Ahmed Rouaba

Respondents

Key findings

Tribunal's reasoning

The claimant brought complaints of direct race discrimination and, in the alternative, race-related harassment about comments allegedly made by the 1st Respondent in a disciplinary investigation interview on 14 August 2020 and by the 2nd Respondent in a disciplinary investigation interview on 6 August 2020. The respondents argued that those complaints were out of time, did not form part of a continuing act, and should not be allowed to proceed by an extension of time.

The tribunal found that the claimant had no reasonable prospect of showing that either the 14 August 2020 complaint or the 6 August 2020 complaint was presented in time or formed part of a continuing act. It nevertheless held that it was just and equitable to extend time for the complaint concerning the 1st Respondent's comments, noting that this complaint was seriously arguable and that a fair trial remained possible.

For the complaint concerning the 2nd Respondent's comments, the tribunal was not satisfied that the discrimination complaint had reasonable prospects of success and also took account of the claimant's delay after 12 July 2021. It declined to extend time and struck out the complaint against the 2nd Respondent for lack of jurisdiction. The separate complaint against the BBC about the grievance outcome was accepted as in time and was not determined in this preliminary judgment.

Claims and outcomes

4 findings recorded

This case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Race discrimination	Open preliminary hearing decision only. The tribunal extended time on just and equitable grounds for the complaint concerning the 1st Respondent's 14 August 2020 comments, so the merits were not finally determined in this judgment.	Other	Race	—
Harassment	Alternative race-related harassment complaint concerning the 1st Respondent's 14 August 2020 comments. Time was extended, but the merits were not finally determined in this judgment.	Other	Race	—
Race discrimination	The complaint concerning the 2nd Respondent's 6 August 2020 comments was struck out under Rule 37(1)(a) because the tribunal found it lacked jurisdiction after declining to extend time.	Struck out	Race	—
Harassment	Alternative race-related harassment complaint concerning the 2nd Respondent's 6 August 2020 comments. It was struck out under Rule 37(1)(a) because the tribunal found it lacked jurisdiction after declining to extend time.	Struck out	Race	—

Legal tests applied

4 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

How we got this data

Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.

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