Mr Abid Hussain v The Co-Operative Group Ltd — 2018

The hearing concerned whether the claimant's direct race and direct disability discrimination claims for the period from June/July 2015 to 9/10 May 2016 were out of time and, if so, whether it would be just and equitable to allow them to proceed. Other disability-related claims concerning reasonable adjustments and discrimination arising from disability were subject to deposit orders and were not determined on limitation at this stage.

The tribunal found that the direct discrimination allegations were clearly out of time. It considered whether there was conduct extending over a period but found no evidence of a continuing course of directly discriminatory treatment because of race or disability during the relevant gap, noting that different personnel were involved and that there was a clear break.

On the just and equitable extension issue, the tribunal accepted that the claimant did not know about tribunal time limits until 22 November 2016, but found no good explanation for the further delay until 30 March 2017 while he was legally represented. It also considered prejudice to the respondent and the merits of the direct race discrimination claim, concluding that the race claim should not continue and recording that the direct disability discrimination claim was also clearly out of time with no basis shown for it continuing over a period.