Claimant v Superdrug Stores Plc
Outcome
Individual claims
The claim was presented out of time but the tribunal allowed it to proceed by extending the time limit on just and equitable grounds. The substantive merits have not yet been determined.
The claim was presented out of time but the tribunal allowed it to proceed by extending the time limit on just and equitable grounds. The substantive merits have not yet been determined.
Facts
Ms Desta, a claimant requiring interpreter assistance, brought claims of direct race discrimination and indirect religious discrimination against her former employer, Superdrug Stores PLC. The claims were presented outside the statutory time limit. The tribunal heard preliminary submissions on whether to extend time.
Decision
The tribunal determined that although the claims were out of time, it was just and equitable to extend the time limit. Both the direct race discrimination and indirect religious discrimination claims will therefore proceed to a full merits hearing.
Practical note
Employment tribunals retain discretion to extend time limits in discrimination cases on just and equitable grounds, even where claims are significantly out of time, particularly where claimants face language barriers.
Legal authorities cited
Statutes
Case details
- Case number
- 2500629/2025
- Decision date
- 6 January 2026
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No