Mr F P Wandji Mboungueng v British Gas Services Limited and 1 other — 2022

This was a preliminary hearing concerning withdrawal of claims, limitation, strike out, and deposit applications. The claimant confirmed that British Gas Services Limited was the correct respondent and that all claims against Centrica PLC were withdrawn. He also confirmed that he was no longer proceeding with the unpaid accrued holiday pay claim, which was dismissed on withdrawal.

The tribunal held that the race discrimination allegations said to have occurred between April 2019 and July 2020 were substantially out of time. It found that the pre-26 September 2020 allegations involved separate decisions or events by different people and were not sufficiently linked to the later absence management process to amount to a continuing act. The tribunal was not persuaded that it was just and equitable to extend time, having regard to the length of delay, the explanation given, prejudice to the respondent, fading recollections, and the claimant's own uncertainty about dates and details.

The post-26 September 2020 race discrimination allegations and the unfair dismissal claim were not struck out. The tribunal accepted that the claims were weak and that the claimant would face difficulties establishing primary facts for race discrimination or showing that dismissal after prolonged sickness absence was unfair, but concluded that the evidence should be heard and evaluated by a full panel because there were disputed factual matters about the absence management process and dismissal.

The tribunal ordered deposits of £1,000 for the direct race discrimination claim and £1,000 for the unfair dismissal claim, finding that each had little reasonable prospect of success. The sums were deposit orders, not compensation or remedies awarded to either party.