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Mr M Lukosius v Gallowglass Security Ltd: 2303102/2019

Judgment Cited authorities 7 Cited in Precedent Map Related
Vincent
Judgment Date15 January 2021
Citation2303102/2019
Published date29 January 2021
CourtEmployment Tribunal
Subject MatterRace Discrimination
Page 1 of 7
Case No: 2303102/2019V
EMPLOYMENT TRIBUNALS
Claimant: Mr M Lukosius
Respondent: Gallowglass Security Limited
Heard at: Croydon (by video) On: 15 January 2021
Before: Employment Judge Fowell
Representation:
Claimant In person
Respondent Ms B Omotosho, Solicitor
JUDGMENT ON
A PRELIMINARY ISSUE
The claim was presented out of time.
REASONS
Introduction
1. This preliminary hearing is to decide whether or not the claim was brought on time.
It is accepted that the claim form was sent to the Tribunal outside the normal three-
month time limit, but there are circumstances where a claim can be presented late,
and Mr Lukosius seeks to rely on them.
2. The basic facts are not in dispute. The contract which Mr Lukosius had with the
respondent (Gallowglass) ended on 5 January 2019, or at least that is the last day
on which he worked for them, and the claim was not submitted until 5 August 2019,
exactly 7 months later. There is now an obligation to contact ACAS first, to engage
in what is known as early conciliation, before the three month point. That was done.
Mr Lukosius contacted them on 3 April 2019, just in time. ACAS then attempt to

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