Case 3202171/2018 · Employment Tribunal
Mr Ali Wehbi v Lidl Great Britain Limited — 2019
- Case reference
- 3202171/2018
- Decision date
- 11 July 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Russell Representation
- Venue
- East London Hearing Centre
Parties
2 namedClaimant
Mr Ali Wehbi
Respondent
Key findings
Tribunal's reasoningThe judgment concerned preliminary issues of time limits and whether discrimination complaints should proceed. The Tribunal identified the Claimant's complaints as age discrimination, race discrimination, disability discrimination and unfair dismissal, with specific issues listed for any final hearing.
The Tribunal found that dismissal had not been pleaded as an act of race discrimination and refused permission to amend the race claim to add it. Without dismissal, the race discrimination allegations were considerably out of time. The Tribunal found that the Claimant had not given a sufficient explanation for the delay and had not shown that it was just and equitable to extend time, so the race discrimination claim was struck out in its entirety.
The disability discrimination claims were allowed to proceed after the Respondent did not pursue its time-related strike-out application, with time to remain an issue at the final hearing. The Tribunal also allowed the age discrimination claim to proceed, finding that whether the alleged events formed a continuing course of conduct or discriminatory state of affairs was best determined after evidence at the final hearing. The unfair dismissal complaint also remained to proceed.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | The complaint of race discrimination was presented out of time. The Tribunal refused permission to amend to add dismissal as an act of race discrimination and found it was not just and equitable to extend time. | Struck out | Race | — |
| Age discrimination | The age discrimination claim was permitted to proceed to a final hearing; no final merits determination was made in this judgment. | Other | Age | — |
| Harassment | Harassment related to age was identified as an alternative issue and permitted to proceed with the age discrimination claim; no final merits determination was made in this judgment. | Other | Age | — |
| Disability discrimination | Direct disability discrimination, discrimination arising from disability, and failure to make reasonable adjustments were identified as issues. The Respondent did not pursue its time-related strike-out application and the claims were permitted to proceed, with time remaining an issue for the final hearing. | Other | Disability | — |
| Unfair dismissal | The unfair dismissal complaint was identified as an issue and was allowed to proceed; no final merits determination was made in this judgment. | Other | — | — |
Legal tests applied
5 references- just and equitable to extend time
- continuing course of conduct
- discriminatory state of affairs
- s.98(4) Employment Rights Act 1996
- CLFIS (UK) Ltd v Reynolds
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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