Claimant v Sainsbury's Supermarkets Ltd
Outcome
Individual claims
Preliminary hearing determined only jurisdiction/time limit issues. Tribunal found it was not reasonably practicable for claimant to present claim in time and it was presented within a reasonable time thereafter, so there is jurisdiction to hear the claim.
Preliminary hearing determined only jurisdiction/time limit issues. Tribunal found it would be just and equitable to extend time to 16 July 2024, so there is jurisdiction to hear the claim.
Preliminary hearing determined only jurisdiction/time limit issues. Tribunal found it would be just and equitable to extend time to 16 July 2024, so there is jurisdiction to hear the claim.
Preliminary hearing determined only jurisdiction/time limit issues. Tribunal found it would be just and equitable to extend time to 16 July 2024, so there is jurisdiction to hear the claim.
Facts
The claimant was dismissed by Sainsbury's on 21 February 2024. He lodged an internal appeal which was subject to multiple adjournments and was not heard until 30 April 2024. The appeal outcome was not communicated until 19 June 2024, seven weeks after the hearing and nearly four weeks after the primary limitation period expired on 20 May 2024. The claimant had sought advice from Haringey Law Centre in March 2024, where a caseworker advised him to wait for the appeal outcome before proceeding to tribunal. He filed his ET1 on 16 July 2024, approximately eight weeks out of time.
Decision
The tribunal found it was not reasonably practicable for the claimant to present his unfair dismissal claim in time, accepting that he reasonably relied on advice from Haringey Law Centre to await the internal appeal outcome, and that the respondent's seven-week delay in providing the appeal outcome meant the limitation period expired during that wait. The tribunal also found it just and equitable to extend time for the discrimination claims. All claims may therefore proceed.
Practical note
Reliance on advice from a law centre to await the outcome of an internal appeal may excuse late presentation where the employer unreasonably delays the appeal process and the primary limitation period expires during that delay, particularly where public policy encourages exhaustion of internal procedures.
Legal authorities cited
Statutes
Case details
- Case number
- 6005896/2024
- Decision date
- 6 March 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No