Mr E Obano-Airhiavbere v Amazon UK Services Limited — 2022

The Tribunal considered at a preliminary hearing whether it had jurisdiction to hear the claimant's unfair dismissal and direct race discrimination claims. The claimant had been summarily dismissed on 15 July 2021 and the Tribunal found that this was the effective date of termination, notwithstanding the later appeal process. ACAS Early Conciliation was not started until 2 November 2021 and the claim form was presented on 30 November 2021.

For unfair dismissal, the Tribunal found the claim was about 6.5 weeks out of time. It rejected the explanation that the appeal process meant the tribunal process could not start earlier, finding that the claimant knew his dismissal had taken effect on 15 July 2021 and was aware of his right to bring tribunal proceedings by 3 September 2021 at the latest. The Tribunal also found there was no medical evidence showing that stress or panic attacks prevented a timely claim, and that the further delay after ACAS Early Conciliation was not satisfactorily explained.

For direct race discrimination, the Tribunal found the complaint related only to DW's conduct, with DW's last involvement on 26 May 2021, so the primary limitation period expired on 25 August 2021. The claim was about 13.5 weeks out of time. The Tribunal found no physical or mental impediment preventing a timely claim, considered the length and reasons for delay unsatisfactory, and declined to extend time on a just and equitable basis. Both claims were struck out for want of jurisdiction.