No appearance or v Respondent — 2023

Mr M A Sharif was employed by Slicker Recycling Limited from 19 July 2010 until his dismissal on 26 June 2021. He presented Tribunal claims on 13 November 2021 for unfair dismissal and discrimination on grounds of race and religious belief. The tribunal noted that the discrimination list of issues contained eight alleged discriminatory acts, with four on unspecified dates, one in 2016, one on 31 October 2020, and two in or around March 2021.

On the discrimination complaints, Employment Judge S Moore applied section 123 Equality Act 2010 and held that, on the most favourable basis to the claimant, he should have approached ACAS by 1 July 2021. The claimant did not do so until 24 September 2021, which was at least 2 months and 24 days late. No explanation for the delay was provided in the claim form, at either preliminary hearing, in later narrative particulars, or in a witness statement, and the claimant did not attend the hearing. The tribunal was not satisfied that it was just and equitable to extend time, so it held that it had no jurisdiction to hear the race and religious belief claims and dismissed them.

For unfair dismissal, the tribunal applied section 111(2) Employment Rights Act 1996 together with the section 207B ERA 1996 early conciliation provisions. It found that, after taking account of the ACAS period, the time limit expired on 12 November 2021, so the claim presented on 13 November 2021 was one day out of time. The claimant gave no reason why it had not been reasonably practicable to present the claim in time, and the tribunal therefore held that it had no jurisdiction to hear the unfair dismissal complaint and dismissed it.

The respondent sought costs of £5,511 plus VAT, made up of solicitors' costs of £3,111 plus VAT and counsel's costs of £2,400 plus VAT. The tribunal did not make a costs order in this judgment; instead, it gave the claimant 21 days to show cause why a costs order should not be made against him in that sum or at all.