Mr Victor Mendes, deceased v Faccenda Foods Ltd t/a Avara Foods — 2022

Mr Victor Mendes worked for the respondent from 16 July 2019 as a Twilight Intake Operative and was dismissed on 19 March 2020 for medical incapacity after being signed off with Pemphigus Vulgaris and related ulcers. The tribunal noted that the respondent had obtained occupational health advice, considered the risk of further ulcers and infection in poultry work, and concluded there was no clear return-to-work date or suitable alternative role.

At the preliminary hearing the respondent accepted that Mr Mendes was disabled at the relevant time. The tribunal held that it had no jurisdiction over the unpaid wages claim under s.111(2) ERA 1996 because the ET1 was presented out of time and it was reasonably practicable to issue it sooner once ACAS had issued the certificate. The breach of contract complaint was also held to be outside the tribunal's jurisdiction.

For the three Equality Act claims under s.13, s.15 and s.20, the tribunal extended time as just and equitable under s.123 Equality Act 2010, taking into account the claimant's death, the lay representative's difficulties in obtaining instructions, the India lockdown and internet problems, and the 14-day delay. It refused strike-out under rule 37, but found the claims had little reasonable prospect of success under rule 39 and ordered deposits of £1 on each claim, after considering that Ms Gonsalves had income of about £200 per month and making no other orders.