Decision date
6 February 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
B Beyzade
Case Summary
The claimant's race discrimination claim was dismissed as it was not brought within the time limit.
Why this outcome?
Out of timeThe claimant's race discrimination claim was presented on 28 October 2024, more than five months after the alleged act of discrimination on 6 May 2023, exceeding the three-month time limit under section 123(1)(a) of the Equality Act 2010. The tribunal found no continuing act and declined to extend time on a just and equitable basis, removing the tribunal's jurisdiction to hear the claim.
Claim Types
Key Issues
- •the claimant's complaint of direct race discrimination contrary to section 13 of the Equality Act 2010 was not presented to the Tribunal within the time limit set out at section 123(1)(a) of the Equality Act 2010
Decision Text
- 1 - EMPLOYMENT TRIBUNALS Claimant: Mr Anthony O’Connor Respondent: Mitie Limited Heard at: London East Employment Tribunal On: 6 & 7 February 2026 (Part of PM on 7 February 2026 in chambers) Before: Employment Judge B Beyzade Representation For the Claimant: In person For the Respondent: Mr Ben Williams, Counsel JUDGMENT OF THE EMPLOYMENT TRIBUNAL The judgment of the Tribunal is that: 1. The claimant’s complaint of direct race discrimination contrary to section 13 of the Equality Act 2010 was not presented to the Tribunal within the time limit set out at section 123(1)(a) of the Equality Act 2010, the act complained of having occurred on 6 May 2023 and the claim not being presented until 28 October 2024. There was no continuing act, and the Tribunal declines to extend time on a just and equitable basis. In these circumstances, the claimant has no title to present the complaint, and the Tribunal has no jurisdiction to hear the claimant’s complaint. The claim is accordingly dismissed. - 2 - Approved By: Employment Judge B Beyzade Dated: 06 February 2026 Notes Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Public access to employment tribunal decisions Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case. Recording and Transcription Please note that if a Tribunal hearing has been recorded you may request a transcript of the recording, for which a charge may be payable. If a …
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Case Details
- Claimant
- Mr A O’Connor
- Case No.
- 6016567/2024
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 6 February 2026
- Published
- 9 March 2026
- Jurisdiction
- England & Wales
- Judge
- B Beyzade
- Representation
- Litigant in person
Registered Company
- Company name
- MITIE LIMITED
- Company number
- 02938041
- Industry
- Administrative & Support
- Status
- active