Miss J Rainford v Asda Stores Limited — 2024

Miss J Rainford worked for Asda Stores Limited from 1 December 2019 until her dismissal for gross misconduct on 6 May 2023, following allegations that she failed on two occasions to scan and pay for goods at self-checkout. She brought claims for unfair dismissal and disability-related harassment after going to ACAS on 1 September 2023 and presenting her tribunal claim on 19 September 2023.

The tribunal held that the unfair dismissal complaint was out of time under section 111 Employment Rights Act 1996. It found the primary limitation date was 5 August 2023 and that, in light of the advice she had received from ACAS, her partner’s uncle, and Melissa Johnson, together with her ability to use a smart phone, appeal internally, and pursue ACAS early conciliation, it was reasonably practicable for her to have brought the claim in time. It also found no further extension was justified because she delayed until 1 September 2023 before starting early conciliation.

On the Equality Act allegations, the tribunal held that the complaints dated before 2 June 2023, including the allegations against Donna Chapman and the 19 May 2023 request for policies and procedures, were out of time under section 123 Equality Act 2010. Applying the course-of-conduct approach it described by reference to Hendericks, it found that the later appeal decision by Gary Leggatt was not part of the same course of conduct as the earlier decisions by Donna Chapman, Jason Guy, or Chris Webber, so the appeal could not bring those earlier matters into time. It also declined to exercise the just and equitable discretion, referring to the claimant’s access to advice and the impact on the respondent of having to meet late allegations.

The only in-time allegation was the harassment/disability discrimination complaint about the appeal outcome on 7 July 2023. The tribunal had concerns about its prospects, considered whether a deposit order might be appropriate, and then received the claimant’s statement that she did not want to proceed because, viewed on its own, the case looked weak. She withdrew that complaint at the hearing. The tribunal accordingly recorded that all complaints stood dismissed, and no remedy was awarded.