Mr W Glendinning v Tesco Stores Ltd — 2018

The preliminary issue was whether the Tribunal had jurisdiction to hear complaints of unfair dismissal and disability discrimination. The claimant's employment ended on 24 August 2017, ACAS early conciliation began on 22 November 2017, the certificate was issued on 14 December 2017, and the extended time limit for presenting the claim was 14 January 2018. The ET1 was presented on 13 February 2018, and the claimant accepted that the claims were out of time.

For unfair dismissal, the Tribunal accepted that the claimant genuinely believed his trade union would file the Tribunal claim for him, and found that the union had been aware of the relevant time limit. The delay was attributed to the union's administrative oversight after receiving the claimant's member pack. Applying the authorities on reasonable practicability and advisers' errors, the Tribunal held that the trade union's error, oversight or negligence could not be relied on by the claimant, and that it had been reasonably practicable to present the claim in time.

For disability discrimination, the Tribunal considered the same matters relied on by the claimant: the ongoing appeal process, his depression at the relevant time, and reliance on trade union advisers. It found that the internal appeal did not alter the time limit, that the respondent had not misled the claimant, and that although there may have been a deterioration in the claimant's mental health shortly before Christmas, this did not justify an extension in the circumstances. The Tribunal concluded that it was not just and equitable to extend time and dismissed the discrimination complaint.