Mr N Wafash v Wm Morrison Supermarkets Limited — 2022

This was a preliminary hearing judgment on the respondent's application to strike out parts of the claim. The claimant alleged direct discrimination because of race and/or religion or belief, and harassment related to race and/or religion or belief. The respondent denied discrimination and harassment and said the dismissal was on capability grounds following a lengthy ill health absence.

The Tribunal struck out the claims based on allegations from 2017 to February 2019. It found those claims were brought substantially out of time, that there was no reasonable prospect of establishing they formed part of a continuing act with the 6 May 2021 dismissal, and that there was no reasonable prospect of obtaining a just and equitable extension of time. The Tribunal relied on factors including the length of delay, the absence of a genuine reason for the delay, access to trade union advice, the 2018 ACAS Early Conciliation certificate, and the claimant's ability to raise matters with the Police and by grievance.

The Tribunal did not strike out the claims that the 6 May 2021 dismissal was direct discrimination because of race and/or religion or belief. It held that those claims were in time and that, although addressed separately in a deposit order as having little reasonable prospect of success, the reason for the decision-maker's dismissal decision involved a factual dispute requiring evidence.