Claimant v Cranswick PLC
Outcome
Individual claims
Claim was filed out of time but tribunal found it was not reasonably practicable to file in time due to claimant's ill health, ill health of his advisor, and understandable belief that first respondent was his employer. Time extended to 2 June 2024. Claim will proceed to full hearing.
Protected disclosure detriment claim was out of time (last act October 2022, claim should have been filed by 15 February 2023). Tribunal found it was reasonably practicable for claimant to file in time despite his ill health. Claim dismissed for being out of time.
Disability discrimination claims (including harassment, victimisation, reasonable adjustments, and direct discrimination) were out of time but tribunal found it just and equitable to extend time to 2 June 2024 given claimant's ill health, reasonable belief first respondent was employer, short delay of two months, and lack of forensic prejudice to respondent. Claims will proceed.
Part of disability discrimination complaint. Tribunal extended time on just and equitable grounds. Whether specific incidents before 27 December 2023 are in time or constitute a continuing course of conduct is for determination at final hearing.
Part of disability discrimination complaint. Tribunal extended time on just and equitable grounds. Whether specific incidents before 27 December 2023 are in time or constitute a continuing course of conduct is for determination at final hearing.
Part of disability discrimination complaint. Complaint appeared to be unresolved at point of resignation. Tribunal extended time on just and equitable grounds. Whether specific incidents before 27 December 2023 are in time or constitute a continuing course of conduct is for determination at final hearing.
Part of disability discrimination complaint including incidents in final week of employment. Tribunal extended time on just and equitable grounds. Whether specific incidents before 27 December 2023 are in time or constitute a continuing course of conduct is for determination at final hearing.
Facts
The claimant was a senior manager employed from 1994 until his resignation on 10 January 2024. He believed he was employed by Cranswick PLC (first respondent) which appeared on his payslips and P45, but the tribunal found his actual employer was Cranswick Country Foods PLC (second respondent) following a TUPE transfer in 2012. The claimant suffered from poor mental health including long covid, stress and anxiety, and brought claims of constructive dismissal, protected disclosure detriment, and disability discrimination. The claims were filed on 2 June 2024 after multiple periods of ACAS early conciliation.
Decision
The tribunal dismissed the claim against the first respondent as it was not the claimant's employer. The constructive dismissal and disability discrimination claims against the second respondent were out of time but the tribunal extended time, finding it was not reasonably practicable to file in time for the dismissal claim and just and equitable to extend time for the discrimination claims, due to the claimant's ill health and reasonable belief about his employer's identity. The protected disclosure detriment claim was dismissed as out of time.
Practical note
Even where a claimant has legal representation, time limits may be extended where ill health and a reasonable but mistaken belief about the identity of the employer explain the delay, particularly where the delay is relatively short and there is no forensic prejudice to the respondent.
Legal authorities cited
Statutes
Case details
- Case number
- 3305589/2024
- Decision date
- 12 December 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Cranswick PLC
- Sector
- food manufacturing
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Senior Manager
- Service
- 30 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister