Claimant v Apple Retail UK Limited
Outcome
Individual claims
The unfair dismissal claim was brought in time and continues to the final hearing listed for 18 February 2025. The tribunal made no determination on merits at this preliminary hearing.
The tribunal found the race discrimination claims were out of time, with the last alleged act occurring in February 2022. The claim was not filed until August 2023, some 11 months late. The tribunal refused to extend time on a just and equitable basis, finding the claimant had been able to engage in detailed grievance processes during the period but failed to bring claims in time. The claim was therefore dismissed for lack of jurisdiction.
The tribunal found the disability discrimination claims were out of time, with the last alleged act occurring in February 2022. The claim was not filed until August 2023, some 11 months late. The claimant's oral application at the hearing to amend his claim to add that his dismissal was discriminatory and he was denied an appeal due to disability was refused as it was made too late and not previously pleaded. The tribunal refused to extend time on a just and equitable basis and dismissed the claims for lack of jurisdiction.
The tribunal found the religion/belief discrimination claim relating to an incident on 22 July 2020 was significantly out of time, with the claim not filed until April 2023, some 26 months late. The tribunal found this was an isolated specific act rather than part of a continuing act. The tribunal refused to extend time on a just and equitable basis and dismissed the claim for lack of jurisdiction.
Facts
The claimant was dismissed on capability grounds on 27 March 2023 after 20 months of sickness absence due to severe depression and anxiety. He had been attacked in January 2022, suffering serious injuries. He alleged discrimination on grounds of race, disability and religion between July 2020 and February 2022. He filed his claim on 6 August 2023, having started ACAS early conciliation on 6 April 2023. He was unrepresented throughout, though he was a Unite member during 2021-2022 and they assisted with his grievance.
Decision
The tribunal dismissed all discrimination claims for lack of jurisdiction as they were brought significantly out of time (11-26 months late). The tribunal refused the claimant's applications to amend his claim to add new allegations, finding they were made 8 months after the claim was filed and would cause substantial prejudice to the respondent. The tribunal refused to extend time on a just and equitable basis, finding the claimant had been able to engage in detailed grievance processes during the relevant period but failed to seek legal advice or bring claims in time. The unfair dismissal claim continues.
Practical note
Unrepresented claimants with mental health difficulties must still comply with time limits and tribunals will not automatically extend time even where the claimant is disabled - evidence of engaging in other processes (such as grievances) during the relevant period will weigh against extending time on a just and equitable basis.
Legal authorities cited
Statutes
Case details
- Case number
- 2304110/2023
- Decision date
- 14 October 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No