Mr Kamran Ahmed v 1) Motus Group (UK) Limited T/A Pentagon Motor Group 2) Mr Richard Watson — 2022

At an open preliminary hearing on 22 November 2021, Employment Judge Hutchinson considered only whether the claims against Mr Richard Watson were in time. The claimant had alleged direct race discrimination, harassment and victimisation arising out of his dismissal on 4 February 2020. The judge recorded that the claimant had raised a grievance about Mr Watson in April 2020, but did not notify ACAS of an intended claim against him until 18 June 2020 and the proceedings were not served on Mr Watson until 16 April 2021.

The judge found that early conciliation in respect of Mr Watson should have been started by 3 May 2020, so the June notification was more than six weeks late. The claimant's evidence that an ACAS adviser had given him legal advice was rejected; the judge held that the choice of whom to notify ACAS was his own and that he knew, or should have known, that he had a potential claim against Mr Watson at the time of the grievance and early conciliation.

Applying section 123 EqA 2010, the extension provisions in section 140B, the just and equitable discretion, and the factors referred to from section 33 Limitation Act 1980 and Bexley Community Centre T/A Leisure Link v Robertson, the tribunal concluded it would not be just and equitable to extend time. The claims against Mr Watson were therefore dismissed for lack of jurisdiction. The judge noted the delay in notifying Mr Watson, the prejudice caused by the late service, and that the claims against the first respondent would proceed to a later final hearing.