Claimant v Marks and Spencer PLC
Outcome
Individual claims
The claim was not presented within the applicable time limit. The tribunal found it was reasonably practicable for the claimant to have presented the claim in time, and therefore dismissed the claim for being out of time.
The tribunal found that the claim form did not contain a complaint of race discrimination, and therefore this claim could not proceed.
Facts
Mr Alles brought claims of unfair dismissal and potentially race discrimination against his former employer Marks and Spencer. This was a preliminary hearing to determine whether the claims had been brought in time and whether the claim form properly pleaded race discrimination.
Decision
The tribunal dismissed the unfair dismissal claim as it was presented outside the applicable time limit and it was reasonably practicable for the claimant to have presented it in time. The tribunal also found that the claim form did not contain a complaint of race discrimination.
Practical note
Claimants must ensure they comply with strict time limits for bringing employment tribunal claims, and claims must be properly pleaded in the ET1 claim form to be considered by the tribunal.
Legal authorities cited
Case details
- Case number
- 3311472/2024
- Decision date
- 13 August 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep