Claimant v Sainsbury's Supermarket Limited
Outcome
Individual claims
Claim dismissed as out of time. The tribunal found it was reasonably practicable for the claimant to have contacted ACAS before the time limit expired on 11 April 2024, as she had conducted research alerting her to her legal rights by 28 November 2023 and had union advice from 7 January 2024. The claim was therefore presented 8 days out of time and the tribunal had no jurisdiction to consider it. The tribunal also found, obiter, that the deductions were lawful under the respondent's absence policy which allowed withholding of company sick pay for absence immediately following a disciplinary hearing.
Facts
Miss Cameron was employed by Sainsbury's from February 2015 in a customer service role. On 26 November 2023, she attended a disciplinary hearing where she received a first written warning for unsatisfactory attendance. Shortly after, she went off sick with a migraine and remained absent until 17 December 2023. The respondent withheld her company sick pay on the basis that she was absent immediately after a disciplinary hearing, in accordance with their absence policy. She raised a grievance which was rejected, as was her appeal concluded on 19 April 2024.
Decision
The tribunal dismissed the claim as out of time. The last deduction was made on 12 January 2024 and the claim should have been presented by 11 April 2024, but ACAS was not contacted until 19 April 2024. The tribunal found it was reasonably practicable for the claimant to present in time as she had knowledge of her rights from November 2023 and union advice from January 2024. The tribunal also found, obiter, that the deductions were lawful under the contractual absence policy.
Practical note
Claimants who have knowledge of their legal rights and access to union advice will generally be expected to meet strict time limits, and pursuing an internal appeal process does not excuse late presentation of tribunal claims.
Legal authorities cited
Statutes
Case details
- Case number
- 3304556/2024
- Decision date
- 20 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- customer service role
- Service
- 10 years
Claimant representation
- Represented
- No