Extra Personnel Ltd

Case Summary

The Employment Tribunal refused the claimant's application for reconsideration of a judgment dismissing claims of race discrimination and harassment. The tribunal determined that it was not just and equitable to extend the time limit for presenting the claim, as the claim form presented on February 1, 2024, was the third attempt.

The tribunal refused reconsideration because it was not just and equitable to extend the time limit for the race discrimination and harassment claim, which was presented out of time as the claimant's third attempt at filing.

• •extension of time limit for presenting the claim
• •just and equitable to extend the time limit
• •discriminatory conduct between March and April 2021

EMPLOYMENT TRIBUNALS Claimant: Mr Nsimba Da Silva Respondent: Extra Personnel Limited JUDGMENT The claimant’s application dated 26 November 2025 for reconsideration of the judgment sent to the parties on 13 November 2025 is refused. REASONS Background 1. The claimant was employed by the respondent, an employment business/agency, as a security officer, from 2 April 2019 until 23 December 2024. Early conciliation started on 23 January 2024 and ended on 29 January 2024. The claimant, on 01 February 2024, presented claims for race discrimination and harassment related to race. The conduct complained of is alleged to have taken place between March and April 2021. 2. By order dated 19 August 2025, a public preliminary hearing was scheduled to take place on 11 November 2025, to consider whether it would just and equitable to extend the time limit for presenting the claim, whether the claim should be struck out because it has no reasonable prospects of success or whether a deposit order should be made. 3. At the hearing on 11 November 2025, the claimant attended the hearing and was supported by lay representative, Ms Fownes. The claimant was also assisted by a Lingala interpreter. The Tribunal spent a considerable amount of time clarifying the complaints and ascertained that the alleged discriminatory conduct was limited to dates between March and April 2021. 4. The claimant confirmed that he was relying on 2 documents as his witness statements, albeit they were not signed or dated. Under oath, the claimant confirmed that the contents were true to the best of his knowledge and belief. Questions were put by the representative for the respondent and Tribunal. Ms Fownes also took this opportunity to explain how she had assisted the claimant after his initial claim to the Employment …