Claimant v Mears Limited
Outcome
Individual claims
The claim was not presented in time, and it would have been reasonably practicable to have done so. The tribunal found it had no jurisdiction to hear the claim and struck it out.
The claim was not presented in such time as it is just and equitable to allow it to proceed outside the primary time limit. The tribunal struck out the claim for lack of jurisdiction.
The section 15 Equality Act 2010 claim (discrimination arising from disability) was outside the primary time limit but the tribunal found it just and equitable to extend time. The claim was allowed to proceed to a full hearing.
Facts
Brandon Warrior brought claims against Mears Limited for unfair dismissal, failure to make reasonable adjustments, and discrimination arising from disability under section 15 of the Equality Act 2010. The claimant was disabled by reason of suffering recurrent migraines. All claims were presented outside the primary time limits, raising jurisdictional issues. The claimant appeared in person with assistance from Mr S Talbot, while the respondent was represented by counsel.
Decision
The tribunal struck out the unfair dismissal and reasonable adjustments claims for being out of time, finding it was reasonably practicable to have presented the unfair dismissal claim in time and not just and equitable to extend time for the reasonable adjustments claim. However, the tribunal allowed the section 15 disability discrimination claim to proceed, finding it just and equitable to extend time. The tribunal also determined that the claimant was disabled due to recurrent migraines.
Practical note
Preliminary hearings on time limits can have different outcomes for different claims in the same case, with tribunals applying the 'reasonably practicable' test to unfair dismissal and the 'just and equitable' test to discrimination claims.
Legal authorities cited
Statutes
Case details
- Case number
- 6003117/2025
- Decision date
- 23 December 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Mears Limited
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No