Case number: 2300162/2001
Applicant Mr S Bryson
Respondent Microtech Computer Services Ltd
DECISION OF THE EMPLOYMENT TRIBUNAL
HELD AT: London South ON: 13 March 2001
CHAIRMAN: Mr R D Salter MEMBERS: Mr K Alam,
Mr G Newton
The applicant: in person
For respondent: Mr J Marsh-Consultant
The unanimous decision of the Tribunal is that
it has no jurisdiction to hear the claim of race discrimination.
This is an application by Mr Shaun (Sean) Bryson in which he complains
that he was subject to discrimination on the grounds of race contrary
to s13 Race Relations Act 1976 ('the Act'). The Respondent is
Microtech Computer Services Ltd. The substance of the complaint
is that on 27 July 2000 he was dismissed from a Training Programme.
He presented his application to the Employment Tribunal by letter
that reached the Tribunal on 6 December 2000.
Section 13 of the Act makes it unlawful for any person providing
facilities for training to discriminate against an individual
by terminating his training. "Discrimination" is defined
by section 1. A complaint by any person that another person has
committed an act of discrimination may be presented to an Employment
Tribunal (s54) An Employment Tribunal shall not consider a complaint
unless it is presented to the Tribunal before the end of the period
of three months beginning when the act complained of was done
(s68). However a Tribunal may consider any such complaint if,
in all circumstances of the case, it considers that it just and
equitable to do so (s68(6))
The issue for the Tribunal is whether it is just and equitable
to extend time to give the Tribunal jurisdiction to hear the claim.
The Tribunal has unanimously concluded that it is not just and
equitable to extend time in this case for the following reasons
The Applicant at no time was given incorrect advice in relation
to his claim but he made no reasonable enquiry to obtain the advice
that he needed in relation to the mechanics of making a claim.
In early August 2000 he knew that the proper forum for his complaint
was the Employment Tribunal.
The Applicant knew or ought to have known that the Job Centre
could not make a claim on his behalf.
The Applicant made no attempt to find out where and how to make
a claim to the Employment Tribunal. The Applicant asked for assistance
from the Commission for Racial Equality under s66 of the Race
Relations Act 1976. But as the Commission has two months within
which to consider an application for assistance there was always
a risk that the time limit for making his Application would have
The complaint has no reasonable prospect of success. The Applicant
states that he was dismissed from the training course for not
watching a video concerned with equal opportunities and racism
awareness. The Respondent disputes that such was the reason for
But even if it were the reason, it does not amount to less favourable
treatment on racial grounds.
The Application was made out of time and the Tribunal has no jurisdiction
to hear it.
Decision entered in Register and copies sent to parties on 12th