Mr D Wills v Sainsbury’s Supermarkets Limited — 2022

The tribunal considered preliminary issues concerning time limits and jurisdiction. The claimant had brought claims of unfair dismissal and disability and age discrimination. He accepted that all alleged acts of discrimination had occurred by the end of his employment, whether the effective date of termination was treated as August or September 2019. The claim was treated as presented on 26 March 2021.

The tribunal accepted that the claimant had experienced anxiety, homelessness, difficulties with accommodation, criminal proceedings, problems with a defective car, difficulties accessing the internet during lockdown, and issues with Universal Credit. It also found that during the relevant period he was able to pursue other matters, including dealings with the Financial Ombudsman, an appeal concerning Universal Credit, and complaints relating to the police.

For the unfair dismissal claim, the tribunal concluded that even if it had not been reasonably practicable to present the claim within three months, the claim had not been presented within a reasonable period thereafter. For the discrimination claims, it concluded that the delay was well over a year beyond the deadline, that the claimant had not given a satisfactory explanation for presenting the claims when he did, and that it was not just and equitable to extend time. The tribunal therefore held that it lacked jurisdiction and dismissed the claims.