Mrs C Madu v Compass Group UK & Ireland Ltd — 2025

At a preliminary hearing on 14 October 2025, Employment Judge Bartlett considered whether the claimant's claims had been presented in time. The claimant had submitted three ET1s (the first on 1 February 2024 and the operative one on 28 October 2024), with earlier claims rejected because of errors in naming the respondent. The tribunal heard evidence from the claimant and her lay representative about the timing of the alleged discrimination, the date she last worked, the grievance she said she submitted, and the reasons for the delay in bringing proceedings.

The tribunal found that the alleged acts of race discrimination took place in autumn 2021 rather than 2022, and that the claimant's recollection of dates was poor and inconsistent. The judge rejected the claimant's account that a £300 "intermember transfer" into her Saver account in October 2022 was a payment from the respondent, noting that none of her 2021 payslips matched payments into that account. The judge also found that the explanations offered for the delay — including ill health, clerical errors with the respondent's name on successive ET1s, and Mr Daniels losing access to his email — were not good reasons, and that the claimant and her representative had been in contact with ACAS from December 2023 and should have been aware of the time limits.

Applying s.111(2) ERA 1996, the tribunal concluded it had been reasonably practicable for the claimant to present the unfair dismissal, notice and holiday pay claims in time. Applying s.123 Equality Act 2010, and weighing the balance of prejudice, the merits, ignorance of rights and the explanations for delay, the tribunal decided it was not just and equitable to extend time for the race discrimination claim. All claims were accordingly dismissed for want of jurisdiction.