Mr S Charles Abua-Langi v NISE Security & Facility Management Ltd — 2020

The claim was listed for hearing on 31 January 2020 before Employment Judge Adkinson sitting alone. The claimant did not attend. The tribunal recorded that he had written on 30 January 2020 saying he was not coming because he was unaware of the hearing, but the notice of hearing had been sent to the postal and email addresses he had provided and there was no evidence that it had not been received. Regional Employment Judge Swann therefore ordered that the hearing remain listed, and that order was also sent to the claimant. The tribunal proceeded in the claimant's absence under rule 47 because the evidence showed he knew of the hearing and had chosen not to attend.

On the merits of the pleaded claims, the tribunal dismissed the unlawful deduction from wages claim under Part 2 of the Employment Rights Act 1996. It found that the claim had not been presented in time, although it was reasonably practicable to have presented it in time, and therefore the tribunal lacked jurisdiction to consider it. The tribunal also dismissed the claims for discrimination because of race, however pleaded, under Parts 2 and 5 of the Equality Act 2010. Those claims were found to have been presented out of time, and the tribunal held that it was not just and equitable to extend time.