Claimant v WM Morrison Supermarkets Limited
Outcome
Individual claims
The tribunal found that the claim for race related harassment had been lodged out of time and dismissed it on jurisdictional grounds.
The tribunal found that the claim for race related victimisation had been lodged out of time and dismissed it on jurisdictional grounds.
Facts
Mr Gomes da Costa brought claims of race-related harassment and victimisation against his employer, WM Morrison Supermarkets Limited. The respondent argued the claims were out of time. A preliminary hearing was held to determine jurisdictional issues.
Decision
Employment Judge Richard Wood dismissed both claims on the basis that they had been lodged out of time. The tribunal did not have jurisdiction to hear the substantive merits of either claim.
Practical note
Claimants must ensure discrimination claims are filed within three months less one day of the act complained of, or risk having their claims dismissed on jurisdictional grounds.
Case details
- Case number
- 3313516/2023
- Decision date
- 1 August 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No