Mr J Dowool v Barnet, Enfield and Haringey Mental Health NHS Trust: 3314654/2021
JUDGMENT
[1]The respondent’s application to strike out the claimant’s claims on the basis that they have no reasonable prospects of success is refused.[2]The claimant’s claim of unfair dismissal is dismissed for lack of jurisdiction as it was presented to the Tribunal outside the relevant time limit. The Tribunal is not satisfied that it was not reasonably practicable for the claimant to present the claim within the time limit or that the claim was presented within a reasonable period thereafter (section 111(2)(b) Employment Rights Act 1996).[3]The claimant’s claims of race/religion discrimination are not dismissed and are allowed to proceed. The Tribunal is not satisfied that there are ‘no reasonable prospects of the claimant succeeding in showing that it would be just and equitable to extend time for presentation of his discrimination claims’.