Claimant v Tesco Stores Limited

This was a preliminary hearing on respondent's strike-out application on time grounds. The tribunal refused to strike out the claim, holding that the claimant had a prima facie case and that limitation issues should be determined at final hearing after hearing evidence.

Preliminary hearing on strike-out application only. Tribunal refused to strike out, finding the claimant's case on conduct extending over a period and just and equitable extension could not be said to have no reasonable prospect of success without hearing evidence.

Respondent argued claimant admitted adjustments had been made (excused from daily Rumble, not required to remove cardboard, tidy shelves or lift heavy items). Tribunal refused strike-out, holding evidence needed to be heard at final hearing to determine the claim.

Strike-out application refused. Tribunal held that limitation issues and merits were too fact-sensitive to determine without hearing evidence, and the claims should proceed to final hearing.

Claimant alleged detriments following protected acts. Strike-out application refused as tribunal found claimant had a prima facie case that should be determined at final hearing after evidence.

Appeal outcome in November 2023 accepted age discrimination had occurred. Claimant alleged failure to take appropriate action thereafter. Strike-out refused; limitation and merits to be determined at final hearing.