Mr. P. Wilson v Rhenus Warehousing Solutions Limited — 2025

The preliminary hearing considered limitation for the claimant's disability discrimination claim. The claimant said the claim concerned direct disability discrimination by association, relying on his wife's fibromyalgia and his son's autism, and that his constructive unfair dismissal allegation was brought as part of the discrimination complaint. He confirmed that he did not pursue a whistleblowing complaint.

The Tribunal found that the claimant had first presented a claim without an ACAS early conciliation certificate and had then been given clear instructions by the Tribunal about obtaining a certificate and re-presenting his claim. It accepted that the claimant had stress, a new job, and family responsibilities, but found that the delay was significant, had not been satisfactorily explained, and could have been avoided had he followed the guidance provided.

Balancing the relevant factors, including the absence of redress for the claimant if the claim did not proceed and the respondent having to face an out-of-time discrimination claim, the Tribunal concluded that it was not just and equitable to extend time. The disability discrimination claim was dismissed.