Mr D Sykes v Aviva Employment Services Limited — 2022

This was a preliminary judgment heard by Employment Judge Evans sitting alone at Leeds by CVP on 5 December 2022. No merits findings were made on the substantive breach of contract or age discrimination allegations. The decision was confined to limitation issues and the tribunal recorded that written reasons would not be provided unless requested within 14 days.

On the breach of contract claim, the tribunal held that it was not reasonably practicable for the claimant to present the claim within three months less one day of the effective date of termination. It further held that the claimant presented the claim within a reasonable further period, so the breach of contract claim was not out of time.

On the age discrimination claim, the tribunal held that if any act of age discrimination took place on 26 November 2021, it would be just and equitable to extend time, so the claim would not be out of time. The tribunal also recorded an agreed approach that if the relevant act took place earlier than 26 November 2021, the respondent could argue that the claim was presented outside the primary time limit because there was no continuing act, and could also argue that it would not be just and equitable to extend time. That issue was left to be decided separately.