Claimant v Islington LBC — 2021

The tribunal heard the case on 27 January 2021 before Employment Judge George. It held that the unfair dismissal claim was out of time and that it did not have jurisdiction to consider it. Although the claimant said the effective date of termination was 22 June 2019, the tribunal considered the dismissal letter of 22 May 2019 and found that, in any event, the claim was not presented within a reasonable further period after the limitation date.

On the delay issue, the tribunal found that the claimant knew the facts underlying his claim, knew he had a right to bring proceedings, and knew there was a time limit. It did not accept that he reasonably relied on advice that he had six months to present a claim, noting that he had access to union solicitors and could have checked the position. The tribunal accepted that he had personal difficulties after losing his job, including sleeping in his car for part of 2019, but found those matters did not stop him from pursuing his appeal or from taking steps to challenge aspects of the dismissal process.

The race discrimination, harassment and victimisation claims were also found to be out of time under the Equality Act 2010, and the tribunal was not persuaded to extend time on a just and equitable basis. It recorded allegations about ignored complaints of racial discrimination, the appeal process, and alleged issues affecting BAME staff, but noted that the case was not sufficiently particularised and that the delay was not reasonably explained. It therefore dismissed all claims and made no award.