Mr T Agboola v The Spencer Group — 2020

This was a preliminary hearing on limitation only. The Claimant had been dismissed by reason of redundancy after telling the Respondent he intended to take adoption leave, and he brought claims arising from the dismissal/detriment complaint and direct sex discrimination. The primary deadline for the dismissal-related claims was 20 December 2018, and because ACAS early conciliation ended on 10 January 2019 the effective deadline became 10 February 2019. The claim was submitted on 20 March 2019.

The tribunal found that the Claimant had made an error about the effect of ACAS conciliation and the deadline, believing that the ACAS officer would progress the matter and that the three-month period ran from the certificate. It accepted that he had been dealing at the same time with several significant matters: his father's sudden death on 24 November 2018, the adoption placement of his baby on 6 December 2018, his new employment, and arrangements for his father's funeral. The tribunal also accepted that he had attended the dismissal appeal, had contacted solicitors, had prepared a schedule of loss, and could have filed the claim quickly once he understood he needed to do so himself.

Applying the question of whether it was reasonably practicable to submit the claims in time, and referring to Asda Stores Ltd v Kauser EAT 0165/07, the tribunal concluded that it was not reasonable in all the circumstances to expect him to have done more to ensure timely presentation. It found that he acted promptly once the immediate family and adoption matters had been addressed, and that he submitted the claims the same day he realised the error.

For the sex discrimination claim, the tribunal held that it was just and equitable to extend time to 20 March 2019. No substantive liability findings were made at this hearing, and no remedy was awarded.