Mr J Dobbs v Tesco Stores Ltd — 2023

This was a preliminary hearing on limitation. The claimant brought complaints of direct disability discrimination, failure to make reasonable adjustments, indirect disability discrimination and harassment. The harassment complaint was agreed to be in time and was allowed to continue.

For alleged discrimination and failures to make adjustments between 2014 and 2017, the Tribunal found there was very little evidence and inadequate detail, and that the claimant had not shown a continuing act. Taking account of the likely prospects and the forensic difficulties for the respondent caused by the passage of time, the Tribunal held it was not just and equitable to extend time for those earlier matters.

For the period from 13 March 2018 to 3 December 2020, the Tribunal found that occupational health and management discussions addressed the claimant's physical difficulties and the possible need for a move or adjustments. It concluded that the claimant reasonably believed there was a continuing state of affairs and that the alleged failure expired on 3 December 2020, when he no longer reasonably expected the respondent to act.

The claimant submitted his claim out of time, and ACAS early conciliation did not extend the deadline because he contacted ACAS after the limitation period had expired. The Tribunal nevertheless held it was just and equitable to extend time for the post-13 March 2018 direct disability discrimination, reasonable adjustments and indirect discrimination complaints, noting the claimant's limited legal advice, grievance process, ill health early retirement process, his mother's terminal illness, covid-related vulnerability concerns, health condition, and the limited prejudice identified by the respondent.