Mr W Atidzah v GXO Logistics UK Limited — 2024

The tribunal decided limitation issues at a public preliminary hearing. It found that the claimant was dismissed on 21 July 2023, that the primary limitation period expired on 20 October 2023, that he first contacted ACAS on 3 November 2023, and that he presented his claim on 26 December 2023. Because ACAS was contacted after the primary limitation period had expired, the early conciliation stop-the-clock provisions did not assist him.

On unfair dismissal, the tribunal found that it was reasonably practicable for the claimant to present the claim in time. It found that the appeal outcome letter was posted by recorded delivery on 16 October 2023 and was received between 17 and 19 October 2023, leaving time to contact ACAS before limitation expired. The tribunal also found that the claimant had been alerted to time limits, had access to the internet and advice from a McKenzie friend, and had not shown reasonable ignorance of the time limit.

On the discrimination claims, the tribunal considered whether it was just and equitable to extend time. It found the two-month delay was not insignificant, that the claimant had not acted promptly, that the reasons given for delay were weak, and that there was some potential forensic prejudice because the claimant had referred to historic allegations. It concluded that it was not just and equitable to extend time and dismissed the discrimination claims for lack of jurisdiction.