Case 2413090/2023 · Employment Tribunal
Mr F Ata v Salix Homes Limited HELD AT: Manchester — 2024
- Case reference
- 2413090/2023
- Decision date
- 14 November 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Johnson REPRESENTATION
Parties
2 namedClaimant
Mr F Ata
Respondent
Key findings
Tribunal's reasoningThis was a preliminary issue decision on limitation. The tribunal found that the claimant’s effective date of termination was 5 July 2024, and that this was the date when he became aware of his dismissal by Salix Homes Limited. The hearing was before Employment Judge Johnson in Manchester on 8 November 2024, and the written record was sent to the parties on 14 November 2024.
On that basis, the tribunal held that the unfair dismissal complaint was not presented within the time limit in section 111 Employment Rights Act 1996. It further found that it was reasonably practicable for that complaint to have been presented within the normal time limit.
The tribunal also held that the race discrimination complaint was not presented in time under section 123 Equality Act 2010, and that it was not just and equitable in all the circumstances to extend time. The case was therefore dismissed because the tribunal did not have jurisdiction to hear either complaint, and there was no merits determination or monetary award.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed on the preliminary issue because the complaint was not presented in time under section 111 Employment Rights Act 1996; the tribunal found it was reasonably practicable for it to have been presented within the normal time limit. | Dismissed | — | — |
| Race discrimination | Dismissed on the preliminary issue because the complaint was not presented in time under section 123 Equality Act 2010; the tribunal found it was not just and equitable to extend time. | Dismissed | Race | — |
Legal tests applied
4 references- section 111 Employment Rights Act 1996
- reasonably practicable
- section 123 Equality Act 2010
- just and equitable
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.
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