Case 2305508/2021 · Employment Tribunal
Mr Y Chabibi v Ernest Bevin College and 1 other — 2022
- Case reference
- 2305508/2021
- Decision date
- 13 October 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Self Appearances
Parties
3 namedClaimant
Mr Y Chabibi
Key findings
Tribunal's reasoningThe claimant, Mr Y Chabibi, said he was unfairly dismissed and that the dismissal was also age discriminatory. The tribunal accepted 27 May 2021 as the effective date of dismissal, noted that ACAS early conciliation ran from 16 August 2021 to 27 September 2021, and found that the ET1 presented on 14 November 2021 was 18 days out of time. The unfair dismissal complaint was therefore tested under s.111 ERA 1996, and the age discrimination complaint under s.123 EqA 2010.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed for want of jurisdiction because the claim was presented 18 days late and the tribunal was not satisfied that it had not been reasonably practicable to present it in time under s.111 ERA 1996. | Dismissed | — | — |
| Age discrimination | Time was extended on a just and equitable basis under s.123 EqA 2010, but the tribunal did not determine liability at this hearing. A deposit order of £500 was made under Rule 39 because the claim was found to have little reasonable prospect of success. | Other | Age | — |
Legal tests applied
10 references- s.111 ERA 1996
- not reasonably practicable
- Porter v Bandridge
- Palmer v Southend-on-Sea Borough Council
- Asda Stores Ltd v Kauser
- s.123 EqA 2010
- just and equitable
- Dedman principle
- Rule 39 deposit order
- Adedeji v University Hospitals Birmingham NHS Foundation Trust
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.
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.