Mr S Klima Respondent (1): Frasers Group Plc Respondent (2): Jack Wills Retail Ltd HELD by CVP at Leeds v Respondent — 2024

The claimant brought a complaint of indirect age discrimination arising from the Frasers Group Loyal Service Policy, which came into force on 1 May 2022. The tribunal found that the claimant had already passed the five-year service milestone before the policy took effect, that the policy was drawn to his attention by email on 14 July 2022, and that by 22 July 2022 he knew he was being told he did not qualify for the five-year reward.

The tribunal accepted that the relevant act was the introduction of the policy on 1 May 2022 and rejected the submission that conduct extending over a period should be treated as done at the end of that period. It applied section 123 Equality Act 2010 and the guidance in Olufenso and Abertawe, and considered the length and reasons for delay. The tribunal found there was no meaningful action by the claimant until 5 May 2023, when he raised a grievance, and that after receiving CAB advice about the tribunal time limit he still waited until 18 September 2023 to present proceedings.

The tribunal concluded that the claim was out of time and that it was not just and equitable to extend time beyond the three-month period. It noted that the respondents were not claiming prejudice, but still held that the delay was long and that the claimant had not acted within the applicable time limit. The judgment therefore dismissed the claim. The applications for strike out and deposit were also dismissed.