Claimant v Lidl Great Britain Limited
Outcome
Individual claims
The claim was not filed in time and the claimant failed to show that it was not reasonably practicable to have presented the claim in time under s111(2)(b) ERA 1996. The tribunal dismissed the claim for lack of jurisdiction.
The claim was presented out of time but the tribunal found it just and equitable to extend time until 20 September 2024 under s123(1)(b) Equality Act 2010. Two alleged acts on 22 February 2024 and 5 April 2024 were found to constitute continuing conduct under s123(3)(a) EqA 2010. The substantive merits of the discrimination claim were not determined at this preliminary hearing.
Facts
The claimant, Z Ziarek, brought claims of unfair dismissal and direct race discrimination against their former employer Lidl Great Britain Limited. The claim was filed on 20 September 2024. The claimant alleged two acts of race discrimination occurring on 22 February 2024 and 5 April 2024. Both claims were filed outside the statutory time limits.
Decision
The tribunal dismissed the unfair dismissal claim for lack of jurisdiction, finding the claimant failed to show it was not reasonably practicable to file in time. However, the tribunal allowed the race discrimination claim to proceed by extending time on just and equitable grounds until 20 September 2024, and found the two alleged acts constituted continuing conduct.
Practical note
Tribunals apply a stricter 'reasonably practicable' test for unfair dismissal time limits but have broader discretion to extend time for discrimination claims on 'just and equitable' grounds, particularly where acts can be linked as continuing conduct.
Legal authorities cited
Statutes
Case details
- Case number
- 3311116/2024
- Decision date
- 26 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No