Mr M Ameen v Bow School and 1 other — 2020

The claimant was summarily dismissed for gross misconduct on 8 July 2016 and presented his tribunal claim on 9 June 2020. The tribunal stated that the hearing was only about time limits and made no findings about whether the factual basis of the claims was well-founded.

For the unfair dismissal claim, the tribunal accepted that the claimant's trade union initially gave incorrect advice about his ability to bring such a claim. However, it found that the claimant knew by July 2018 at the latest that he could bring a tribunal complaint and that it was already out of time. Even if it had not been reasonably practicable to present the claim within the primary time limit, the tribunal found it was not presented within a reasonable time thereafter.

For the discrimination claims, the tribunal applied the just and equitable extension test. It took into account the importance of discrimination claims being heard, but found that the respondents had not known until June 2020 that they would need to defend claims relating to events almost four years earlier. The tribunal accepted that the passage of time affected witness availability and the cogency of evidence, and concluded that a fair trial would no longer be possible. It declined to extend time and struck out the discrimination claims for lack of jurisdiction.