Case 2602949/2020 · Employment Tribunal
In person For the v Ms R.Kight - Counsel — 2022
- Case reference
- 2602949/2020
- Decision date
- 31 January 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Goodman
Parties
2 namedClaimant
In person For the
Respondent
Key findings
Tribunal's reasoningThis was an open preliminary hearing before Employment Judge O'Rourke on 31 January 2022 to decide whether time should be extended for the Claimant's unfair dismissal and race discrimination claims. The claim was initially presented on 7 August 2020, rejected because the ACAS Early Conciliation number was omitted, and re-presented on 17 August 2020. The tribunal found that the correct presentation date would have been 5 August 2020, so both claims were out of time, even on the earlier attempted date.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed for want of jurisdiction because it was presented out of time. The tribunal found it was reasonably practicable to present the claim within the three-month time limit and declined to extend time under s.111(2) ERA 1996. | Dismissed | — | — |
| Race discrimination | Dismissed for want of jurisdiction because it was presented out of time. The tribunal refused to extend time on the just and equitable basis under s.123(1)(b) EqA 2010. | Dismissed | Race | — |
Legal tests applied
10 references- s.111(2) ERA 1996
- not reasonably practicable
- Dedman v British Building and Engineering Appliances Ltd
- Porter v Bandridge Ltd
- s.123(1)(b) EqA 2010
- just and equitable extension
- British Coal Corporation v Keeble
- Adedeji v University Hospitals Birmingham NHS Trust
- Robertson v Bexley Community Centre
- Rathakrishnan v Pizza Express (Restaurants) Ltd
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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