Claimant v Sodexo Limited

Claim presented 8 months out of time. The tribunal found it was reasonably practicable for the claim to have been presented in time. The claimant's union representative, Mr Tovey, mistakenly sent the claim form to ACAS and later used incorrect tribunal email addresses. The claimant and Mr Tovey were aware of time limits but failed to conduct proper enquiries. The claim was not presented within a reasonable timeframe even after discovery of the errors. The tribunal struck out the constructive unfair dismissal claim as it was presented out of time and it was reasonably practicable to have presented it in time.

The tribunal extended time on just and equitable grounds despite the 8-month delay. While the reason for delay (mistaken submission to ACAS and incorrect email addresses) was not good, the claimant would suffer greater prejudice if the claim was struck out. The respondent had prepared detailed responses and witness statements, so cogency of evidence would not be significantly affected. The claim will proceed to a final hearing to determine liability.

Amendment application granted at the preliminary hearing. The tribunal found this was a new claim not referred to in the original claim form. However, the claimant genuinely believed she had been discriminated against as the only woman on the night shift. The factual basis was the same as the disability discrimination claim (being first invited to investigation meeting, prolonged process, not offered additional shifts, welfare check while on sick leave). The prejudice to the claimant in refusing the amendment outweighed any prejudice to the respondent, who had already prepared detailed responses to similar factual allegations in the disability claim. The claim will proceed to a final hearing.