Case 2602583/2018 · Employment Tribunal
Mr D Briscoe v Derby City Council — 2019
- Case reference
- 2602583/2018
- Decision date
- 12 April 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge P Britton
- Venue
- Nottingham
Parties
2 namedClaimant
Mr D Briscoe
Respondent
Key findings
Tribunal's reasoningThe claimant withdrew his unfair dismissal claim because he did not have the required two years' qualifying service. He also withdrew the disability discrimination claim after accepting that disability discrimination was not engaged on the facts before the tribunal.
The remaining claim was race discrimination. The tribunal considered whether it was just and equitable to extend time, noting the claimant's explanation that he misunderstood how the time limit operated during and after ACAS early conciliation. The tribunal accepted that this belief was reasonably held, found no evidence that he was dilatory, and concluded that the respondent was not prejudiced beyond having to defend the proceedings.
The tribunal therefore exercised its discretion to allow the race discrimination claim to proceed. The judgment did not determine whether the race discrimination claim succeeded, and directions were to be made for the respondent to plead its defence and for the case to progress.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claim was dismissed upon withdrawal because the claimant accepted he lacked the required two years' qualifying service. | Withdrawn | — | — |
| Disability discrimination | The claimant withdrew the disability discrimination claim after accepting that disability discrimination was not engaged. | Withdrawn | Disability | — |
| Race discrimination | The tribunal extended time on just and equitable grounds and permitted the race discrimination claim to proceed; it did not determine the merits of that claim in this judgment. | Other | Race | — |
Legal tests applied
4 references- s.123(1)(a) Equality Act 2010
- s.18A Employment Tribunals Act 1996
- s.140B 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.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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