Mr D Gleeson v Asda Stores Limited and 1 other — 2024

The claimant withdrew all complaints against Greenwich Leisure Limited after accepting that Greenwich did not need to remain a respondent in order for documents to be obtained if necessary. He also withdrew the unfair dismissal complaint, saying that he had ticked that box in error and noting that he lacked the two years' continuous service required for such a complaint.

The Tribunal proceeded on assumptions favourable to the claimant for time-limit purposes, including that his employment ended on 20 June 2022 and that any discrimination complaint could rely on the appeal outcome of 9 August 2022 as the last act. The breach of contract claim was dismissed because it was reasonably practicable for the claimant to present it within time: he had contacted CAB, spoken to ACAS, sought legal advice, gone through early conciliation, and completed an ET1 in 2022, but did not present it to the Tribunal.

The Equality Act complaints were also dismissed as out of time. The Tribunal considered the delay of at least 278 days beyond the primary limitation period, the claimant's lack of clear awareness of the three-month limit, his knowledge within time that he could go to an Employment Tribunal, and the likely impact of the delay on witness evidence about decision-makers' mental processes. It concluded that the claimant had not shown that it would be just and equitable to extend time.