D Sherwood v Thales UK Limited and 1 other — 2021

On 18 November 2021 the tribunal held an open preliminary hearing before Employment Judge L Burge. The claimant appeared in person and the respondents were represented by counsel. The tribunal identified the live claims as unfair dismissal, automatic unfair dismissal by whistleblowing, and victimisation for complaints of race discrimination. It recorded that there was not enough time to read the full bundle or hear oral evidence, so the issues were considered on the papers at this stage.

The tribunal held that it had no jurisdiction to hear the unfair dismissal and automatic unfair dismissal claims against Thales UK Limited because they were presented outside the applicable time limits and it was reasonably practicable for the claimant to have brought them in time. The claimant was dismissed on 10 July 2020, did not contact ACAS until 15 October 2020, and did not present his claim until 26 November 2020. By contrast, a separate ACAS Early Conciliation certificate dated 5 October 2020 meant that the claims against XPI Simulation Ltd were in time, and the tribunal kept Thales UK Limited in the case rather than removing it under Rule 34.

For victimisation, the claimant relied on dismissal and a refusal to continue relocation after complaints of race discrimination. The tribunal extended time against Thales UK Limited on a just and equitable basis, noting that the claimant was pursuing claims against both respondents and believed ACAS would combine them. It did not decide the relocation allegation on the facts at this hearing, because the documents showed that on 12 November 2019 he was still told he was eligible for relocation and there was insufficient information to decide whether relocation had later been withdrawn or whether the matter was conduct extending over a period. The respondents' strike-out and deposit-order applications were refused because the claims were heavily fact-sensitive and should be determined at a full merits hearing.