In Person 20 John Lewis Plc v Represented by Ms L Gould,25 Counsel. — 2021

At a preliminary hearing by CVP on 4 May 2021, Employment Judge J Young held that the tribunal did not have jurisdiction under section 111 Employment Rights Act 1996 to hear the unfair dismissal complaint, including the protected disclosure aspect. The claimant was dismissed on 9 March 2020, the three-month limit expired on 17 July 2020 after early conciliation, and the ET1 was not presented until 20 October 2020. The tribunal also held that the race and disability discrimination complaints, including the harassment allegations referred to in the reasons, were out of time under section 123 Equality Act 2010.

The tribunal found that the claimant knew of the three-month time limit shortly after dismissal when he contacted ACAS and that he had union assistance. It noted that he pursued an appeal, made a subject access request, received the appeal outcome on 15 May 2020, and later made a further early conciliation notification in May 2020. The judge accepted that the claimant had depression and was taking medication, but found the evidence did not show a deterioration in his mental state that made it not reasonably practicable to present the unfair dismissal claim in time.

On the discrimination claims, the tribunal applied the just and equitable discretion under section 123(1)(b) Equality Act 2010 and refused to extend time. It relied on the claimant's ability to take steps during the relevant period, including preparing his appeal statement and seeking legal advice around the end of July 2020, and noted that some of the allegations related to incidents in 2017/2018. No merits findings were made and no remedy was awarded.