Mr Suresh Theivendram v Tesco Stores Ltd — 2020

The tribunal refused the claimant's application to adjourn the preliminary hearing. It found that the hearing concerned jurisdictional issues rather than the merits, that the respondent's bundle contained the relevant documents, and that proceeding would further the overriding objective in the circumstances of the Covid-19 pandemic.

The unfair dismissal complaint was brought on 16 October 2019, after dismissal on 9 September 2018 and after the extended limitation deadline of 21 December 2018. The tribunal found that the claimant had been told at an earlier preliminary hearing about the three-month time limit and the need to issue a new claim, and that it had been reasonably practicable for him to present the complaint in time. It also found that, even if that were wrong, the further delay after 1 May 2019 was not reasonable.

The race discrimination complaints were struck out because the same complaints had been raised in an earlier claim which had itself been struck out. The tribunal held that cause of action estoppel barred the complaints and, alternatively, that allowing them to continue would be an abuse of process. It further found that the race discrimination complaints were out of time and that it was not just and equitable to extend time, having regard to the lack of a good reason for delay, the length of delay, and likely prejudice from stale oral evidence.

The redundancy payment claim was also struck out. The tribunal found it was significantly out of time, that no redundancy situation had been pleaded beyond the box ticked on the claim form, and that the claim had no reasonable prospect of success; it also found that allowing it to proceed would be an abuse of process.