R Williams v John Lewis plc and 1 other — 2018

This was an open preliminary hearing about limitation. The Tribunal refused the claimant's late application to amend the claim to add direct sexual orientation discrimination, finding that the issues had already been narrowed at an earlier case management hearing where the claimant was represented and that allowing the amendment at this stage would not be proportionate or in the interests of justice.

The Tribunal accepted that the claimant had HIV and that low CD4 counts caused him understandable anguish and reluctance to go out. However, in the absence of medical or documentary evidence, it was not satisfied that his health substantially affected his ability to seek advice, use online or telephone resources, or present tribunal proceedings during the relevant period.

For the Equality Act harassment and victimisation complaints and the section 43B public interest disclosure complaint, the Tribunal found that the latest relevant date was when the claimant should have received Orange Square's dismissal letter dated 26 March 2018, by no later than 28 March 2018. The ET1 was presented on 17 July 2018, and ACAS early conciliation was not begun until after the primary limitation period had already expired.

The Tribunal held that it was reasonably practicable for the claimant to present the whistleblowing complaint in time and that it was not just and equitable to extend time for the Equality Act complaints. Those claims were dismissed for want of jurisdiction, John Lewis was discharged from the proceedings, and the automatic unfair dismissal complaint under section 103A ERA 1996 against Orange Square remained to be decided at a full merits hearing.