Washington Waithaka v Barclays Execution Services Limited

The EAT set aside a strike out of pre termination claims as out of time and remitted the case. An Article 6 delay complaint failed.

The Employment Tribunal at Watford had struck out parts of Mr Waithaka’s race discrimination, victimisation and harassment case as out of time and refused an extension of time.

The Employment Appeal Tribunal dismissed the Article 6 complaint about delay. It held the delay did not amount to a freestanding serious procedural error.