Mr A white v Yodel Delivery Network Ltd — 2023

At a public preliminary hearing, the Tribunal considered whether the claimant's complaints were presented in time. The Tribunal found that the claimant was dismissed on 27 April 2022 and knew on that date that he had been dismissed. Early conciliation did not begin until 4 October 2022 and the claim was presented on 5 December 2022, so the unfair dismissal, unauthorised deduction from wages, race discrimination and disability discrimination complaints were all presented outside the primary time limits.

For the unfair dismissal and unauthorised deduction from wages complaints, the Tribunal accepted that the claimant believed an appeal had been lodged by his union and that he did not know about tribunal time limits. However, it found that it was reasonably practicable for him to present those complaints in time because he had access to advice from his union, ACAS, Citizens Advice and online research, had previously contacted ACAS about a pay dispute, and had not taken reasonable steps to clarify the position about any appeal or continuing salary payments. Those two complaints were dismissed.

For the race and disability discrimination complaints, the Tribunal applied the different just and equitable test. It took into account the claimant's belief that an appeal was pending, the fact that he continued to receive salary for several months after dismissal, his prompt contact with ACAS after payments stopped, and the absence of substantial prejudice evidenced by the respondent. The Tribunal concluded that it was just and equitable to extend time, so the race and disability discrimination complaints were allowed to proceed to further case management and were not decided on their merits.