Claimant v Tesco Stores Limited
Outcome
Individual claims
The complaint was not presented within the applicable time limit. The tribunal found it was reasonably practicable to present the claim in time and therefore dismissed it for being out of time.
The complaint in relation to notice pay was withdrawn by the claimant and dismissed upon withdrawal by the tribunal.
The complaint was not presented within the applicable time limit. The tribunal found it was reasonably practicable to present the claim in time and therefore dismissed it for being out of time.
The complaint was not presented within the applicable time limit. The tribunal found it was not just and equitable to extend the time limit and therefore dismissed the claim.
The complaint was not presented within the applicable time limit. The tribunal found it was not just and equitable to extend the time limit and therefore dismissed the claim.
The complaint of unfavourable treatment because of something arising in consequence of disability (section 15 EqA 2010) was not presented within the applicable time limit. The tribunal found it was not just and equitable to extend the time limit and therefore dismissed the claim.
The complaint was not presented within the applicable time limit. The tribunal found it was not just and equitable to extend the time limit and therefore dismissed the claim.
The complaint of harassment related to disability was not presented within the applicable time limit. The tribunal found it was not just and equitable to extend the time limit and therefore dismissed the claim.
Facts
Mr Vinokaran brought multiple claims against Tesco Stores Limited including unfair dismissal, notice pay, holiday pay, and various disability and race discrimination claims. This was a preliminary hearing to determine whether the claims had been presented in time. The tribunal found that all claims were presented outside the applicable time limits.
Decision
The tribunal dismissed all claims on the grounds that they were out of time. For the unfair dismissal and holiday pay claims, the tribunal found it was reasonably practicable to present them in time. For all discrimination claims, the tribunal found it was not just and equitable to extend the time limit. The breach of contract claim for notice pay was dismissed upon withdrawal.
Practical note
Even with legal representation, claimants must strictly comply with time limits; tribunals will not extend time for discrimination claims unless there are compelling reasons under the just and equitable test.
Legal authorities cited
Case details
- Case number
- 2225902/2024
- Decision date
- 10 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- solicitor