Mr F Olamosu v Excellerate Services UK Limited — 2022

This was an open preliminary hearing to determine whether Mr F Olamosu could proceed with claims of unfair dismissal, race, age and sex discrimination, unlawful deduction of wages, breach of contract and holiday pay. The tribunal found that the relevant limitation date for the dismissal and money claims was 3 May 2020, and that the early conciliation process did not extend time because it began on 7 September 2020. The ET1 was presented on 5 October 2020, so the claims were out of time unless the tribunal extended time.

On unfair dismissal and the money claims, the tribunal held that it was reasonably practicable for Mr Olamosu to present the claims within time. It found that he knew he had been dismissed, attended the disciplinary and appeal process, and was accompanied by a trade union representative. He travelled to Nigeria on 8 March 2020, but the tribunal rejected his evidence that he was unable to respond to the respondent or take steps to pursue his claims, finding that he likely had access to email or telephone and did not respond to the respondent's attempts to arrange the appeal hearing. It also found that he took no action between March and June 2020 to seek advice or lodge claims.

For the discrimination complaints, the tribunal found that the pay complaints relied on events in 2017, 2018 and 2019 and were not shown to be part of a continuing act ending in the dismissal. Applying the section 123 Equality Act 2010 just and equitable test, and referring to the authorities it cited on time limits, the tribunal declined to extend time. It held that there was inordinate delay and no sufficient explanation for the delay after the claimant said he learned of the employment tribunal in August 2020.

The tribunal therefore dismissed the unfair dismissal complaint, the unlawful deduction of wages complaint, the breach of contract complaint, the holiday pay complaint, and the race, age and sex discrimination complaints. No compensation or other remedy was awarded, and the remaining hearing dates were vacated.