Mr D Foster v The Carphone Warehouse Limited — 2020

The tribunal reconsidered and varied its earlier preliminary hearing judgment. It confirmed that the claimant's age and race discrimination complaints had been presented out of time, but it was just and equitable to extend time, so the tribunal had jurisdiction to hear those complaints at the final hearing.

It also confirmed that the claimant's breach of contract complaint in respect of notice pay had been presented out of time, but that it was not reasonably practicable to present that complaint in time and that it had been presented within a further reasonable period. On that basis, the tribunal held that it had jurisdiction to hear the notice pay claim at the final hearing.

The reconsideration was dealt with on the papers. The tribunal recorded that there was no response from the claimant to its questions, and that the respondent did not contest the possibility of reconsideration or wish to file further written submissions. The order also required the claimant, if he had not already done so, to provide further and better particulars and a statement of remedy or schedule of loss within seven days, with a warning that an unless order or strike out was likely if he did not comply.