Case 6010684/2024 · Employment Tribunal
Shireen Asaw v Monzo Bank Ltd — 2026
- Case reference
- 6010684/2024
- Decision date
- 27 February 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge N Wilson Appearances
Parties
2 namedClaimant
Shireen Asaw
Respondent
Key findings
Tribunal's reasoningThe claimant was dismissed with effect from 26 April 2024. ACAS early conciliation ran from 23 April 2024 to 4 June 2024 and the claim was presented on 4 September 2024. Applying s.207B ERA 1996 and Raison v DF Capital Bank Ltd, the judge held that the three days of early conciliation before the effective date of termination did not extend the unfair dismissal deadline, so the ordinary unfair dismissal claim was three days late. The judge also held that the claimant's reliance on an online calculator and advice from her union and legal representative did not make it not reasonably practicable to present the non-discrimination claims in time, because any mistake by skilled advisers was attributed to the claimant.
The tribunal dismissed as out of time the automatic unfair dismissal complaints under s.152 TULR(C)A 1992 and s.103A ERA 1996, the detriment complaints under s.146 TULR(C)A 1992 and s.47B ERA 1996, the unlawful deductions claim, the breach of contract claim, and the harassment related to race claim. For harassment, the last unwanted conduct was found to be 18 September 2023 and the judge refused to extend time on just and equitable grounds, finding there was no cogent explanation for the delay and that the respondent would have to meet a separate factual enquiry after the passage of time.
By contrast, the judge left the time-limit issues for the victimisation and discrimination arising from disability complaints to the final hearing, because the particulars of claim pleaded dismissal as the last act complained of and the list of issues was amended accordingly. The failure to make reasonable adjustments complaint was out of time by 8 days, but the judge extended time on just and equitable grounds, finding the delay short, the explanation tied to the incorrect limitation calculation, and no forensic prejudice identified. No monetary remedy was awarded at this stage; the parties were directed to be ready to address liability and remedy at the final hearing.
Claims and outcomes
11 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Ordinary unfair dismissal under s.94 ERA 1996 was dismissed for lack of jurisdiction because it was presented out of time; the tribunal held that, applying the early conciliation rules, it was still reasonably practicable to present the claim in time. | Dismissed | — | — |
| Trade union | Automatic unfair dismissal under s.152(1)(a) and/or (b) TULR(C)A 1992 was dismissed as out of time. | Dismissed | — | — |
| Whistleblowing | Automatic unfair dismissal under s.103A ERA 1996 (protected disclosures) was dismissed as out of time. | Dismissed | — | — |
| Trade union | Detriment short of dismissal under s.146 TULR(C)A 1992 was dismissed as out of time. | Dismissed | — | — |
| Whistleblowing | Detriment short of dismissal under s.47B ERA 1996 (protected disclosures) was dismissed as out of time. | Dismissed | — | — |
| Harassment | Harassment related to race under s.26 EqA 2010 was dismissed; the tribunal found the last unwanted conduct was on 18 September 2023 and it was not just and equitable to extend time. | Dismissed | Race | — |
Legal tests applied
15 references- s.207B ERA 1996 stop-the-clock
- Raison v DF Capital Bank Ltd and ors [2025] EAT 86
- HM Revenue and Customs v Serra Garau UKEAT/0348/16/LA
- Compass Group UK & Ireland Ltd v Morgan UKEAT/0060/16/RN
- Palmer and anor v Southend-on-Sea Borough Council 1984 ICR 372
- Asda Stores Ltd v Kauser EAT 0165/07
- Lowri Beck Services Ltd v Brophy 2019 EWCA Civ 2490
- Dedman v British Building and Engineering Appliances Ltd 1974 ICR 53
- Wall's Meat Co Ltd v Khan 1979 ICR 52
- Times Newspapers Ltd v O'Regan 1977 IRLR 101
- Northamptonshire County Council v Entwhistle 2010 IRLR 740
- Robertson v Bexley Community Centre t/a Leisure Link 2003 IRLR 434
- British Coal Corporation v Keeble and ors 1997 IRLR 336
- Adedeji v University Hospitals Birmingham NHS Foundation Trust 2021 ICR D5
- Rathakrishnan v Pizza Express (Restaurants) Ltd 2016 ICR 283
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.
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