Ahmed Ali v London Oratories Limited — 2021

Ahmed Ali presented his ET1 on 17 June 2021 alleging unfair dismissal and race discrimination against London Oratories Limited. The tribunal recorded that the alleged detriments in the narrative ran from 15 September 2020 to 3 November 2020, and that the claimant notified ACAS and received an early conciliation certificate on 17 December 2020.

Applying section 123 Equality Act 2010, the tribunal held that the ACAS early conciliation process gave the claimant no extra time because the certificate was issued on the same day as notification. It found that any matter before 17 March 2021 was out of time, which meant the whole claim was time-barred. The tribunal also found there was no material before it to justify a just and equitable extension of time; the claimant had been directed to provide a witness statement explaining the delay, his knowledge of time limits, any advice taken, and why extension should be granted, but he did not file one and did not attend the hearing.

Because the claim was outside the tribunal's jurisdiction, the merits were not decided. The tribunal noted that, if jurisdiction had not already been fatal, it would also have considered strike-out under Rule 37 because the claim had not been actively pursued, given the claimant's failure to attend and to comply with case management orders.