Claimant v Waterstones Booksellers Limited

The tribunal found it would have been reasonably practicable for the claimant to have brought his whistleblowing claim within three months of the alleged detriments (October and December 2022), even taking into account his disabilities. He could have consulted his union representative or researched the possibility of litigation much sooner than December 2023. The tribunal did not accept that waiting for the grievance outcome made it not reasonably practicable to claim in time.

The tribunal found the claim was out of time (most recent incident June 2023) but granted a just and equitable extension. The claimant had been trying to resolve matters internally through grievance procedures. He issued his claim within three months of his employment ending and receiving the grievance outcome. His ADHD and dyslexia made it more difficult to focus and deal with paperwork. The prejudice to the respondent was limited as allegations had been investigated during the grievance process.

The tribunal found the claim was out of time but granted a just and equitable extension on the same basis as the harassment claim. The claimant had focused on internal procedures, believing this was the right approach. His disabilities (ADHD and dyslexia affecting focus and paperwork management) were relevant factors. The respondent had been aware of the complaints through the grievance process, limiting prejudice. The claimant's inability to bring any Equality Act complaint without the extension outweighed prejudice to the respondent.

The respondent conceded this claim was within time. No substantive decision was made at this preliminary hearing which dealt only with jurisdiction and time limits.

The respondent conceded this claim (arrears of pay) was within time. No substantive decision was made at this preliminary hearing which dealt only with jurisdiction and time limits.