Mr E Andrulenas v Tesco Stores Ltd — 2025

The hearing was converted to a preliminary hearing to decide whether the Claimant's unfair dismissal and unpaid wages claims could proceed despite being presented outside the usual three-month time limit. The Claimant was dismissed with immediate effect on 20 July 2023, received an appeal outcome letter on 19 September 2023, contacted ACAS on 22 October 2024, and presented the claim on 24 October 2024.

The Claimant said he had been advised that he could not bring an Employment Tribunal claim until a connected criminal investigation had concluded. The Tribunal found that he had been active in seeking advice within the original time limit, had contacted several sources, and knew from the outset that he considered himself unfairly dismissed and that the claim would be brought in the Employment Tribunal.

The Tribunal found that either the Claimant misunderstood advice to wait for the appeal outcome, or he was wrongly advised that he could not bring the claim until the criminal investigation ended. Applying the reasonably practicable test, and considering Wall's Meat Co Ltd v Khan, the Tribunal held that the Claimant's ignorance or mistaken belief about time limits was not reasonable in the circumstances. Time was not extended, and both claims were dismissed because the Tribunal had no jurisdiction to decide them.