Race discrimination claim against Amazon struck out as out of time
A recruitment agency worker's race discrimination claim against Amazon was struck out after he missed the three-month time limit by 15 days. The tribunal declined to extend time on just and equitable grounds.
1 min read · Last updated 18 May 2026
Key facts
- The claimant started work with PMP on 13 May 2019 and was assigned to Amazon.
- On 27 June 2021, the claimant was asked to leave the Amazon site after a sexual misconduct complaint.
- The claimant's assignment with Amazon was terminated on 30 June 2021.
- The claimant started ACAS early conciliation against Amazon on 11 October 2021, 15 days after the deadline.
- The claimant's race discrimination claim against Amazon was struck out as out of time.
Timeline
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Employment started
Claimant commenced employment with PMP Recruitment Limited.
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Complaint made
A sexual misconduct complaint was made against the claimant by a colleague at Amazon.
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Removal from site
Claimant was suspended and asked to leave the Amazon site; this is the date of alleged discrimination.
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Assignment terminated
PMP terminated the claimant's assignment with Amazon after internal investigation.
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Complaint raised
Claimant raised a complaint including racism.
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ACAS started against PMP
Claimant started ACAS early conciliation against PMP.
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ACAS started against Amazon
Claimant started ACAS early conciliation against Amazon, 15 days after the deadline.
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ACAS certificate for PMP
ACAS certificate issued for PMP.
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ACAS certificate for Amazon
ACAS certificate issued for Amazon.
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Claim against PMP presented
Claimant presented claim form against PMP.
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Claim against Amazon presented
Claimant presented claim form against Amazon.
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Preliminary hearing
Hearing to decide time limit and deposit issues.
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Judgment issued
Claim against Amazon struck out as out of time.
The legal issue
Whether the claimant's race discrimination claim against Amazon was presented within the three-month time limit, and if not, whether the tribunal should extend time on just and equitable grounds.
The outcome
The tribunal struck out the race discrimination claim against Amazon as out of time. The key reason was that the claimant started ACAS early conciliation against Amazon on 11 October 2021, 15 days after the deadline of 26 September 2021. The tribunal found no just and equitable grounds to extend time, noting that the claimant had already started ACAS against PMP on 6 October 2021 and could have done the same for Amazon. No compensation was awarded as the claim was struck out.
Lessons & takeaways
- Employment tribunal claims must be brought within three months of the discriminatory act – missing this deadline by even a few days can be fatal.
- ACAS early conciliation must be started before the time limit expires; starting it late does not reset the clock.
- If you have multiple respondents, you must start ACAS early conciliation against each one separately and in time.
- Tribunals are reluctant to extend time unless there is a very good reason, such as illness or being misled by the employer.
This case shows how strict employment tribunal time limits can be. The claimant, a recruitment agency worker assigned to Amazon, was removed from site on 27 June 2021 after a sexual misconduct complaint. He believed this was race discrimination. However, he did not start ACAS early conciliation against Amazon until 11 October 2021 – 15 days after the three-month deadline had passed.
What could have been done differently
The claimant had already started ACAS early conciliation against his employer, PMP Recruitment, on 6 October 2021 – just five days earlier. The tribunal noted that he could easily have started ACAS against Amazon at the same time. The delay was not explained by any medical condition or other compelling reason. As a result, the claim against Amazon was struck out entirely, meaning the tribunal never considered the merits of the race discrimination allegation.
Why this matters
This case is a reminder that time limits in discrimination claims are not flexible. Even a short delay can end a claim before it gets off the ground. Anyone considering a tribunal claim should seek legal advice promptly and ensure ACAS early conciliation is started well before the deadline. The claim against PMP Recruitment (for unfair dismissal and other issues) was not affected and continues separately.
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