Mr J Maurin-Massa v PMP Recruitment Limited (in administration) and 1 other — 2022

The Tribunal dealt with a preliminary hearing concerning the Claimant's race discrimination claim against Amazon UK Services. The Claimant alleged that Amazon treated him less favourably because he is Black British by requiring his removal from site and withdrawing an alleged offer of permanent employment after a sexual misconduct complaint was made against him. It was common ground at the hearing that PMP Recruitment Limited, not Amazon, was his employer, so the Claimant did not pursue unfair dismissal or pay claims against Amazon.

The Tribunal found that time began to run on 27 June 2021 for both alleged acts and that the Claimant should have started ACAS early conciliation by 26 September 2021. He did so on 11 October 2021, making the race claim against Amazon 15 days out of time. The Tribunal found that the delay was caused by the Claimant's lack of knowledge of time limits, but that this ignorance was not reasonable because he had access to ACAS, the internet and legal advice while still within time.

The Tribunal also considered the merits and found that the claim did not have reasonable prospects, though it did not find that it had no reasonable prospects. It concluded that it was not just and equitable to extend time, and struck out the race discrimination claim against Amazon for lack of jurisdiction. The Tribunal noted that, had it extended time, it would have made a £100 deposit order because the claim had little reasonable prospects of success.