Mr Mohammad G Roble v G4S Aviation Security (UK) Ltd — 2022

Mr Roble worked for G4S Aviation Security (UK) Ltd from 2002 until April 2020. At the preliminary hearing on 4 May 2022, the tribunal considered complaints of unlawful deductions from wages, holiday pay, and discrimination because of race, religion or belief, and age. The respondent said the claimant needed annual recurrent training to maintain CTC clearance and a valid airport ID, and that he had been invited to several training sessions between March and June 2020 but did not attend.

On the wages and holiday pay complaints, the tribunal found that the alleged deductions arose in December 2016. Applying the 'reasonably practicable' test under section 23 ERA 1996, it held that those complaints were presented well out of time and that it had been reasonably practicable to bring them within the limitation period. For the discrimination claims, the tribunal accepted the case at its highest but found that any face-to-face comments by the manager must have been before March 2020, and the claimant did not assert any contact with the manager after June 2020, so those complaints were also out of time under section 123 EqA 2010.

The tribunal accepted that the claimant had difficulty obtaining legal assistance during lockdown and had limited funds, and it noted his efforts to contact ACAS and to prepare his own ET1. It nevertheless concluded that it was not just and equitable to extend time, taking into account the delay and the likely prejudice to the respondent in defending allegations said to have occurred by at latest March 2020. Because the limitation points disposed of the case, the tribunal did not decide the merits or the reasonable-prospects question, and all claims were dismissed.