Mr MD Hafiz Al Ashraf v Marcus and Marcus Ltd — 2024

Mr Al Ashraf was employed by Marcus and Marcus Ltd as a support worker from 7 December 2018 and was summarily dismissed with an effective date of termination of 6 June 2022. He presented his tribunal claim on 24 May 2023 after starting ACAS early conciliation on 23 April 2023 and receiving the certificate on 3 May 2023. The tribunal identified the primary limitation date for unfair dismissal as midnight on 5 September 2022, and treated the last pleaded discriminatory act as the refusal of time off for Eid on or about 1 May 2022.

On unfair dismissal, the tribunal held that the claim was presented out of time and that it was reasonably practicable to have presented it in time. It rejected the claimant's reliance on ignorance of the law and time limits, depression and stress, housing and family difficulties, and his belief that he had to wait for the outcome of his appeal or grievance. The tribunal found there was no barrier to seeking advice or making enquiries earlier, noted that he could have researched the position himself or contacted ACAS, and held that an internal appeal did not itself make it not reasonably practicable to present a tribunal claim in time.

On discrimination, the tribunal held that the race and religion complaint was also out of time and that it was not just and equitable to extend time. It found the delay to be lengthy, accepted that the claimant had a difficult period personally but did not regard those circumstances as a cogent explanation for the delay, and noted that he did not issue the claim promptly even after the ACAS certificate was issued. The tribunal also considered the effect of delay on the cogency of evidence and concluded that it was not persuaded to exercise its discretion, so the discrimination complaint was dismissed for lack of jurisdiction.