Cases2600396/2023

Claimant v Sports Direct.com Retail Limited

14 January 2025Before Employment Judge McTigueNottinghamremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The complaint was not presented within the applicable time limit and it was reasonably practicable for the claimant to have presented the claim within the statutory time limit. The tribunal therefore dismissed the claim.

Direct Discrimination(race)struck out

The complaint was not presented within the applicable time limit and the tribunal found it was not just and equitable to extend the time limit for the discrimination claim. The claim was therefore dismissed.

Discrimination Arising from Disability (s.15)(disability)struck out

The complaint was not presented within the applicable time limit and the tribunal found it was not just and equitable to extend the time limit for the discrimination claim. The claim was therefore dismissed.

Facts

Mrs Byczek brought claims of unfair dismissal, race discrimination, and disability discrimination against Sports Direct.com Retail Limited. The case number was 2600396/2023. The matter came before Employment Judge McTigue at a preliminary hearing on 14 January 2025 to determine whether the claims had been presented within the applicable time limits.

Decision

The tribunal dismissed all of the claimant's claims as having been presented outside the applicable time limits. For the unfair dismissal claim, the tribunal found it was reasonably practicable to have presented the claim in time. For the discrimination claims, the tribunal found it was not just and equitable to extend time.

Practical note

This case demonstrates the strict application of time limits in employment tribunal claims, with the tribunal refusing to extend time even where discrimination was alleged.

Case details

Case number
2600396/2023
Decision date
14 January 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
retail
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
lay rep