Mr M U Okoli v Abellio London Limited — 2021

The claimant was dismissed on 21 February 2020 following a disciplinary process arising from a driving incident. He appealed, and the appeal outcome was sent on 27 May 2020. Early conciliation began on 3 June 2020 and ended on 9 June 2020, and the claim was presented on 16 June 2020, after the primary three-month time limit had expired.

For the unfair dismissal, breach of contract and wages complaints, the Tribunal found it had been reasonably practicable for the claimant to bring the claim in time. It did not accept, on the balance of probabilities, the claimant's evidence about ACAS advice, and found that he could have discovered the relevant time limits through his trade union resources or internet access. The Tribunal also found that, even after the appeal outcome, the claim was not presented within a further reasonable period.

For the race and age discrimination complaints, the Tribunal declined to extend time on a just and equitable basis. It noted that the discrimination allegations were not set out in real detail, had not been raised with the respondent before the claim form, and appeared to relate to the dismissal. The Tribunal found no untoward delay by the respondent in arranging the appeal during the Covid-19 period and concluded that it had no jurisdiction to hear the discrimination complaints.