Mr J Gul v Hovis Ltd — 2025

This was a preliminary hearing before Employment Judge J Feeny at the East London Hearing Centre to determine jurisdiction and time limits. The Claimant, represented by a McKenzie Friend, had not complied with an earlier order to provide a witness statement and medical evidence explaining why his claim was brought out of time. An application made at the hearing for a postponement was refused; the Tribunal arranged for the Claimant to give evidence through an interpreter and to have his evidence-in-chief elicited by questions from the judge.

On the unfair dismissal and breach of contract complaints (the latter concerning unpaid paternity pay from 2020 and 2022, with time running from termination under the 1994 Order), the Tribunal found it had been reasonably practicable to bring the claims in time and dismissed them. On the Equality Act 2010 complaints of race and disability discrimination, the Tribunal applied the just and equitable test and considered the length and reason for the delay, the balance of prejudice, and the apparent merits of the underlying allegations.

The Tribunal found the 11-day delay was short but not for a good reason, noting that the Claimant had not acted with sufficient haste after early conciliation. The balance of prejudice favoured the Respondent given the limited merit and lack of particularisation of the discrimination allegations. The Tribunal concluded that it was not just and equitable to extend time, and consequently all claims were dismissed.