Mr S S Beaumont v Iceland Foods Limited — 2024

The preliminary hearing considered whether the claimant's race and sex discrimination claims were presented in time and, if not, whether time should be extended on just and equitable grounds. The tribunal found that the alleged discriminatory acts ran from January 2019 to 28 June 2021, so the deadline for those claims was 27 September 2021. The claimant contacted ACAS on 28 October 2021 and presented the claim on 2 January 2022, which meant the discrimination claims were over three months late.

The claimant said he did not begin to think about bringing a claim until dismissal and did not realise there was a different deadline for discrimination matters predating dismissal. The tribunal noted that he had sought advice after dismissal, but found no evidence that health issues prevented him from bringing a claim in time. It also noted that the discrimination allegations were not fully particularised until October 2023 and that the schedule of loss focused on unfair dismissal.

Balancing prejudice, the tribunal found that allowing the extension would require the respondent to defend allegations dating back to January 2019 to June 2021, depending on oral evidence, where some witnesses and one alleged perpetrator had left employment. Although the tribunal had some sympathy regarding the allegation about fabricated evidence on 9 May 2021, it found that admitting that allegation would also admit more historic allegations as a potential continuing act. It therefore refused an extension and struck out the race and sex discrimination claims for lack of jurisdiction.