Claimant v Asda Stores Limited
Outcome
Individual claims
Claim presented outside the time limit in s111 ERA 1996 and the tribunal found it was reasonably practicable for the claim to have been presented within the appropriate time limit, therefore no jurisdiction to hear the claim.
Claim presented outside the time limits in s23 ERA 1996 and it was reasonably practicable for this claim to be presented within the appropriate time limit, therefore no jurisdiction.
Various complaints of race discrimination under s13 and s26 EqA 2010 were presented outside the s123 time limit and it was not just and equitable to allow the claims to proceed.
Various complaints of disability discrimination under s13, s15 and s26 EqA 2010 were presented outside the s123 time limit and it was not just and equitable to allow the claims to proceed.
Application to amend to add claims of religious and/or belief discrimination was rejected by the tribunal.
Facts
The claimant, Mr Yusuf, brought claims against his former employer Asda including unfair dismissal, unlawful deduction of wages, and various discrimination claims under race, disability and religion grounds. He also applied to amend his claim to add religious discrimination and additional instances. The claim was filed on 13 October 2023. This was a preliminary hearing to determine time limit issues and the amendment application.
Decision
The tribunal rejected the application to amend to add religious discrimination claims and certain other instances. All claims were found to be out of time: unfair dismissal and wages claims were reasonably practicable to present in time, and it was not just and equitable to extend time for discrimination claims. The tribunal dismissed all proceedings for lack of jurisdiction.
Practical note
Self-represented claimants must comply strictly with statutory time limits, as tribunals will dismiss claims out of time unless exceptional circumstances justify extension under the reasonably practicable or just and equitable tests.
Legal authorities cited
Statutes
Case details
- Case number
- 2410925/2023
- Decision date
- 5 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No