Mr S W Kibrom v Uber London Limited — 2023

This was a preliminary hearing on jurisdiction. The tribunal identified the complaints as unfair dismissal, failure to pay accrued holiday pay, and unauthorised deduction from wages. Mr Kibrom’s work as an Uber driver ended in spring 2019, but he did not begin ACAS Early Conciliation until 1 April 2023 and presented his claim on 24 May 2023.

The tribunal found that all three complaints were brought well outside the applicable three-month statutory time limits. It considered whether time should be extended on the basis that it was not reasonably practicable to present the claims in time, taking into account Mr Kibrom’s explanation that he did not know until 2023 that he might have employment tribunal claims and that the legal position on Uber drivers’ status had been uncertain.

The tribunal accepted that Mr Kibrom personally did not know of his potential rights until 2023, but found that his ignorance was not reasonable. It held that he ought to have investigated his position when his engagement ended in 2019 and, in any event, ought to have known of potential claims shortly after the widely publicised Supreme Court judgment in February 2021. The tribunal therefore concluded that it had no jurisdiction to consider any of the claims and dismissed them.