Claimant Successfully Argues Time Limit Should Be Extended in Tesco Tribunal Case

Claimant Successfully Argues Time Limit Should Be Extended in Tesco Tribunal Case

IS THIS THE FIRST SIGN THAT THE FLOODGATES MAY BE ABOUT TO BURST?

At the Southampton Employment Tribunal last Thursday, employment Judge Wright ruled in what the London chambers claims is the first case of a claimant successfully arguing that time should be extended because she had to pay the fees.

The claimant, a Tesco employee, brought an original claim of disability and age discrimination but her application for help with fees was unsuccessful and she was required to pay an issue fee. When she failed to do so her claim was rejected. By the time she became aware of this, she was potentially out of time to lodge a fresh claim.

Upon the claimant issuing a second claim, Tesco argued that the tribunal should decline jurisdiction because the claim had been presented outside of the 3 month time limit.

The claimant sought to renew her claims following the Supreme Courts decision on 26th July 2017 that employment tribunal fees were unlawful. She argued that all decisions made under the 2013 Fees Order, including the rejection of her first claim based upon her failure to pay the tribunal fees were similarly unlawful.

It had been thought that pursuant to last weeks’ case management order of the tribunal’s president, any application to reinstate the first claim would have to be stayed.

However, it was argued that because the claimant had only had her first claim rejected because of the obligation to pay unlawful fees, this ought to justify a ‘just and equitable’ extension of time under the Equality Act 2010.

Judge Wright agreed and granted the extension of time for the claimant to reinstate her claim.

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Source: Dhami v Tesco Stores Ltd