Mr James Gribbin v Tesco Stores Ltd — 2022

The preliminary hearing was listed to decide limitation issues. For unfair dismissal, the claimant's effective date of termination was 22 April 2020, so the primary time limit expired on 21 July 2020. He contacted ACAS on 5 July 2021 and presented the claim on 30 July 2021. The tribunal found that the claimant had not shown that it was not reasonably practicable to present the unfair dismissal complaint in time, noting his access to trade union assistance, legal advice sources, internet access, and his ability to engage in the appeal process.

The tribunal identified the Equality Act complaints by using the most favourable latest dates for the claimant: disability discrimination ending with the appeal decision on 10 June 2020; sex and/or sexual orientation discrimination concerning Mr Imran ending around 2 August 2019; likely victimisation concerning management ending around 2 August 2019; and an unclear victimisation or sex and/or sexual orientation allegation concerning Mr Maberley ending on 21 January 2021. All were outside the primary time limits.

The claimant relied on ill-health as the reason for delay. The tribunal accepted that he had dyslexia and suffered low mood, with other health issues mentioned, but found no compelling reason to extend time. It also found that the balance of prejudice weighed against extending time, particularly because the respondent would need witness evidence about matters substantially out of time. The tribunal therefore held that it had no jurisdiction to hear the unfair dismissal or Equality Act claims and dismissed them in their entirety.