Case 3313550/2019 · Employment Tribunal
Mr O A Ogunbiyi, Counsel For the v Respondent — 2021
- Case reference
- 3313550/2019
- Decision date
- 31 August 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Laidler Appearances
Parties
1 namedClaimant
Mr O A Ogunbiyi, Counsel For the
Respondent
- —
Key findings
Tribunal's reasoningThe Tribunal held that the claimant's complaints of automatically unfair dismissal and detriment under the Employment Rights Act 1996 were presented out of time. It concluded that it did not have jurisdiction to determine those complaints and dismissed them.
The Tribunal did not determine the race harassment and race victimisation complaints at this judgment. It reserved the issues of whether those complaints were in time, and if not whether it would be just and equitable to extend time, pending the claimant's compliance with case management orders set out separately.
No remedy was awarded in this judgment, and the written record states that oral reasons were given at the hearing with written reasons to be provided only if requested within the applicable time limit.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The complaint was described as automatically unfair dismissal under the Employment Rights Act 1996 and was dismissed because it was presented out of time and the Tribunal held it had no jurisdiction to determine it. | Dismissed | — | — |
| Whistleblowing | The complaint was described as detriment under the Employment Rights Act 1996 and was dismissed because it was presented out of time and the Tribunal held it had no jurisdiction to determine it. The judgment text does not expressly use the word whistleblowing, but the listing category was Public Interest Disclosure. | Dismissed | — | — |
| Harassment | The judgment reserved the question of whether the race harassment complaint was in time, or whether time should be extended on just and equitable grounds, pending compliance with separate case management orders. | Other | Race | — |
| Victimisation | The judgment reserved the question of whether the race victimisation complaint was in time, or whether time should be extended on just and equitable grounds, pending compliance with separate case management orders. | Other | Race | — |
Legal tests applied
1 reference- just and equitable to extend time
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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