Claimant v Krispy Kreme (UK) Limited
Outcome
Individual claims
All race discrimination claims prior to 17 June 2021 were struck out as out of time, with the tribunal declining to extend the time limit on a just and equitable basis. The claimant provided no explanation for the delay in filing, despite having union and legal advice from April 2021.
All religious discrimination claims prior to 17 June 2021 were struck out as out of time, with the tribunal declining to extend the time limit on a just and equitable basis. The claimant raised a formal grievance in April 2021 but waited until all internal procedures concluded before filing her ET claim.
All race harassment claims prior to 17 June 2021 were struck out as out of time. The tribunal found no justification for the delay and noted the claimant had the requisite knowledge of time limits from a previous ET case around the same time.
All religious harassment claims prior to 17 June 2021 were struck out as out of time. The tribunal concluded it would not be just and equitable to extend time given the lack of explanation for delay and the claimant's access to advice.
Facts
The claimant, a Muslim woman of Arab descent, worked as a processing team member on permanent night shifts at Krispy Kreme's factory from September 2020 to August 2021. On 12/13 March 2021, there was an incident where the claimant refused to follow instructions from her team leader Mr Togan, swore at him, threw a tray that hit him, and pushed boxes of donuts to the floor. The claimant was suspended, then dismissed for gross misconduct following a disciplinary process. She raised a grievance alleging race and religious discrimination, claiming colleagues and managers were trying to force her out and that she was treated less favourably in work allocation, but the grievance was not upheld.
Decision
The tribunal dismissed all claims. Claims prior to 17 June 2021 were struck out as out of time, with the tribunal declining to extend time on a just and equitable basis because the claimant had union and legal advice from April 2021 but provided no explanation for the delay in filing. The dismissal claims were in time but failed on merits: the tribunal found the dismissal followed a fair process for gross misconduct and was not related to the claimant's race or religion, but to her conduct on 12/13 March 2021.
Practical note
Time limits in discrimination cases will be strictly enforced where a claimant has had access to legal advice but provides no explanation for delay, even where the claimant waited for internal processes to conclude before filing.
Legal authorities cited
Statutes
Case details
- Case number
- 3321298/2021
- Decision date
- 16 April 2024
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Processing team member
- Service
- 11 months
Claimant representation
- Represented
- No