Mr A Mbumba v Amazon UK Services Ltd: 1303862/2023
JUDGMENT
[1]The claimant has no reasonable prospect of establishing:a. that alleged discriminatory acts, or acts of harassment prior to 18th May 2021 were part of a course of conduct over a period that ended after 22nd November 2022; orb. that it is just and equitable to extend the time limit for bringing complaints of discrimination and harassment in relation to those acts.[2]The complaints of discrimination and harassment in relation to those acts are therefore struck out under Employment Tribunal Rule 37(1)(a).[3]The claim automatically unfair dismissal pursuant to S104 of Employment Rights Act 1996 is struck out under Employment Tribunal Rule 37(1)(a) because it has no reasonable prospect of success.[1]The claimant has no reasonable prospect of establishing:a. that alleged discriminatory acts, or acts of harassment prior to 18th May 2021 were part of a course of conduct over a period that ended after 22nd November 2022; orb. that it is just and equitable to extend the time limit for bringing complaints of discrimination and harassment in relation to those acts.[2]The complaints of discrimination and harassment in relation to those acts are therefore struck out under Employment Tribunal Rule 37(1)(a).[3]The claim automatically unfair dismissal pursuant to S104 of Employment Rights Act 1996 is struck out under Employment Tribunal Rule 37(1)(a) because it has no reasonable prospect of success. A Codd 30.04.24 For the TribunalREASONS
[1]The claimant issued his claim on the 1st of May 2023. That claim was issued against 7 respondents. The claims against the 2nd to 7th respondents where withdrawn, and dismissed accordingly on the 18th of December 2023. On the 20th of December 2023 the respondent applied for deposit orders and or strike out of various elements of the claimant’s claim.[2]On the 21st of December 2023 a preliminary hearing was held before Employment Judge Gaskell. At that hearing the claimant was represented by his lay representative Dr Ronald Ibakakombo. The record of that hearing made case management directions. It also records as follows: “I turned to Mr Isenberg to enquire as to his availability in March 2024….. Dr Ibakakombo, then became very irate: he was raising his voice; he was abusive towards me; accused me of racial bias . He threatened to expose my racism in his forthcoming book. I tried to explain that I wanted to make efforts to find a suitable date but he would not stop abusing me and would not stop shouting. In the event, I concluded that I should simply terminate the hearing without fixing a date.”[3]The case management hearing determined that a preliminary hearing should take place on the 30th of April 2024 to consider the respondent’s applications for strike out and deposit orders. The claimant sought to appeal that case management order, and consequently to postpone the preliminary hearing.[4]Employment Judge Edmonds refused the application for a postponement on the 14th of March 2024. On the 18th of March 2024 the claimant applied for reconsideration of that decision, which was further refused.[5]On the 5th of April 2024 the Employment Appeal Tribunal (EAT) refused the claimant’s application for permission to appeal the case management decisions of