Mr A Madahar v Sainsbury’s Supermarkets Limited — 2024

The claimant presented his ET1 on 30 December 2023, more than six years after his employment ended in May 2017 and after the alleged post-termination harassment in October 2017. The tribunal recorded that the claimant had earlier withdrawn his Protection from Harassment Act 1997 claim and ordinary unfair dismissal claim, and that the third party harassment claim was dismissed under rule 27 because the claimant did not proceed with it.

For the remaining claims, the tribunal considered whether it was possible to have a fair hearing. It found that, because of the passage of time and the respondent's data retention policy, the respondent had retained only limited information about the claimant and no records for the alleged perpetrators and witnesses. The tribunal found that the respondent would be unable to adduce witness evidence to defend the allegations, while the claimant could rely on his own witness evidence.

The tribunal rejected the claimant's submissions that the strike out application was based on false pretences and concealment, finding no evidence to substantiate those allegations. It struck out the remaining claims under rule 37(1)(e) because it was satisfied that a fair hearing was no longer possible.