Mr S Bundu v Vodafone Ltd — 2021

The preliminary hearing considered whether the Tribunal had jurisdiction over the complaints in light of time limits. The claimant confirmed complaints of unfair dismissal, race discrimination, and unauthorised deduction from wages relating to commission payments. The respondent agreed that the unauthorised deduction from wages complaint was presented in time and could proceed to a final hearing.

The effective date of termination and last alleged act of race discrimination was 17 April 2020. After ACAS early conciliation from 29 May 2020 to 26 June 2020, the unfair dismissal and race discrimination complaints should have been presented by 13 August 2020, but the claim was presented on 3 September 2020.

For unfair dismissal, the Tribunal found it was reasonably practicable for the claimant to present the claim in time. It found that ACAS had not given the alleged advice that the time limit ran for three months from the certificate, that the claimant could have checked the position online, and that his mental health did not prevent timely presentation. For race discrimination, the Tribunal found that although the delay would not cause significant prejudice to the respondent, the reasons for delay did not justify extending time and it was not just and equitable to allow the claim to proceed.