Case 6013986/2025 · Employment Tribunal
Mr Sohail M Khan v Uber London Limited — 2026
- Case reference
- 6013986/2025
- Decision date
- 10 July 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge E Macdonald Representation
Parties
2 namedClaimant
Mr Sohail M Khan
Respondent
Key findings
Tribunal's reasoningAt the hearing on 8 July 2026, Employment Judge E Macdonald considered Mr Sohail M Khan's wrongful dismissal complaint against Uber London Limited and two remaining allegations of whistleblowing detriment. The wrongful dismissal complaint was dismissed for want of jurisdiction because it was presented out of time. Both detriment allegations were struck out as having no reasonable prospect of success.
The tribunal found that it had been reasonably practicable to present the wrongful dismissal complaint within three months less one day of the alleged dismissal on 16 October 2024. It relied on the reasons given in its earlier unfair dismissal time-limit decision. Alternatively, a further reasonable period would have been no more than four weeks after the primary time limit expired. The complaint would still have been late.
The first detriment allegation concerned an alleged failure to answer an email from the claimant's MP dated 21 February 2025, despite a chaser on 20 March 2025. Uber produced an email from the MP's caseworker dated 20 March acknowledging a short reply, together with Uber's substantive response dated 28 March 2025. The claimant did not dispute the documents and had no answer to the respondent's submission that they showed a response had been sent.
The second allegation concerned an alleged failure to answer letters from the claimant's solicitor dated 25 March and 17 April 2025. Uber produced its response dated 21 May 2025. Again, the claimant did not dispute the document and had no answer to the respondent's submission that it established a response had been sent.
Applying Mechkarov v Citibank NA and the caution required in whistleblowing cases under Bahad v HSBC Bank plc, the tribunal took the claimant's case at its highest but found it conclusively disproved by undisputed contemporaneous documents. The core question of whether replies had been sent did not require oral evidence or a mini trial. The tribunal then considered its discretion and the overriding objective. It found no compelling reason against strike-out, concluding that continuing the claims would cause wholly avoidable expense and an unnecessary burden on tribunal resources. No monetary award was recorded.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Wrongful dismissal | Dismissed for want of jurisdiction because the complaint was presented out of time. The substantive merits were not determined. | Dismissed | — | — |
| Whistleblowing | Both remaining detriment allegations concerned alleged failures to respond to correspondence from the claimant's MP and solicitor. Both were struck out under rule 38(1) as having no reasonable prospect of success because undisputed documents showed that responses had been sent. | Struck out | — | — |
Legal tests applied
7 references- Article 7, Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994: reasonably practicable presentation and further reasonable period
- Rule 38(1)(a), Employment Tribunal Procedure Rules 2024: no reasonable prospect of success
- Mechkarov v Citibank NA [2016] ICR 1121: strike-out principles
- Bahad v HSBC Bank plc [2022] EAT 83: caution when striking out whistleblowing complaints
- Community Law Clinics Solicitors Ltd & ors v Methuen UKEAT/0024/11
- Malik v (1) Birmingham City Council (2) Cllr L Trickett UKEAT/0027/19/BA, paragraphs 32–33
- ABN Amro Management Services Ltd & Anor v Hogben UKEAT/0266/09
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.
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