Simon Andriesz v TFS Derivatives Limited Heard: London Central by CVP link — 2025

The tribunal heard a preliminary jurisdiction issue on the claimant's second claim, issued on 23 March 2022. Following narrowing of the issues, the only complaint intended to be pursued in that claim was discriminatory constructive dismissal contrary to s.39 of the Equality Act 2010, relying on disability as the protected characteristic. The respondent's timeline showed the claim had to be presented by 22 March 2022, so it was one day late, and the claimant's representative accepted at the hearing that it had been presented outside the primary limitation period.

The tribunal then considered whether time should be extended on just and equitable grounds. The claimant did not comply with the direction to provide a bundle for the preliminary hearing and had not filed a witness statement explaining the delay. The claimant did not attend the hearing, and the tribunal therefore had no direct evidence from him about why the claim was late. The only explanation advanced was that fault lay with the claimant's former solicitors, but that was unsupported by evidence and there had been no waiver of privilege to enable the tribunal to examine that issue.

The tribunal accepted that the delay was only a single day, but found that short delay alone was not enough to justify an extension. It also noted the respondent's submissions on the merits and the claimant's ability to mitigate loss, but did not place real weight on those matters in the absence of a proper evidential basis for the delay. Applying the broad discretion under the Equality Act limitation provisions, the tribunal was not persuaded that it would be just and equitable to extend time, and dismissed the claim for lack of jurisdiction.