Mr S Hipkiss v Ford Retail Limited T/A TrustFord — 2022

At the open preliminary hearing before Employment Judge Faulkner sitting alone, the claimant withdrew the breach of contract complaint relating to notice pay and the complaint about unpaid holiday on termination of employment. The tribunal therefore dismissed both of those claims upon withdrawal. It also made a costs order requiring the claimant to pay the respondent £1,253.50 by consent, payable on or before 31 May 2023.

The tribunal found that the unfair dismissal complaint had been brought out of time, but that it was not reasonably practicable to present it in time and that it had been presented within such further period as the tribunal considered reasonable. That issue was therefore resolved in the claimant's favour at the preliminary stage, and the unfair dismissal complaint was left to be considered at the final hearing.

The tribunal took the same approach to the disability-related complaints said to arise in February 2019. It held that the complaint about a failure to make reasonable adjustments in relation to the provision of a disabled toilet facility, and the harassment complaint based on an alleged comment about the claimant's need to use the disabled toilet, were both out of time but had been brought within such period after expiry as was just and equitable. It also held that the remaining discrimination and harassment complaints were out of time, with the question whether they formed conduct extending over a period, or were otherwise just and equitable, left for determination at the final hearing unless conceded by the respondent.