Claimant v Ocado Central Services Limited — 2020

The preliminary hearing determined jurisdictional and limitation issues. The claimant accepted that he was an agency worker and not employed by Ocado Central Services Ltd, and also accepted that he had worked for the respondent for only about a month. The tribunal therefore dismissed the ordinary unfair dismissal complaint for lack of jurisdiction.

For the discrimination complaints, the claimant's last day of work was 19 August 2018, so he had until 18 November 2018 to commence ACAS Early Conciliation. He did not do so until 19 March 2019. Although the claim was later deemed accepted on 19 March 2019, it was around four months out of time.

The tribunal found that the claimant had access to advice before the deadline and had been advised shortly after the deadline to contact ACAS, but did not do so for a further three months and gave no cogent reason for that delay. It also accepted that the respondent faced real prejudice because identifying and locating alleged perpetrators had become difficult, particularly where further information had only later been provided by nationality. The tribunal held it was not just and equitable to extend time and dismissed the discrimination claims.