Disability discrimination claim allowed to proceed despite being late
A former Tesco employee with less than two years' service has been allowed to pursue a disability discrimination claim even though it was brought six weeks late. The tribunal said it was 'just and equitable' to extend time.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed from 30 July 2021 to 22 October 2021.
- The claimant has mobility problems with his arms, which he says is a disability.
- The claimant was dismissed after less than two years' service.
- The claimant began early conciliation on 6 March 2022, about six weeks after the deadline.
- The respondent's internal grievance appeal outcome suggested possible discrimination.
- The claimant refused an offer of reinstatement in November 2021.
Timeline
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Employment started
The claimant began working for Tesco Stores Limited.
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Dismissal
The claimant was dismissed from his employment.
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Reinstatement offer refused
The claimant was offered his job back but declined, believing the relationship had broken down.
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Deadline for discrimination claim
The statutory time limit for bringing a discrimination claim expired.
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Early conciliation started
The claimant began early conciliation with ACAS, about six weeks late.
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Claim issued
The claimant issued proceedings in the employment tribunal.
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Grievance appeal lodged
The claimant appealed the outcome of the internal grievance procedure.
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Preliminary hearing
The tribunal heard applications to strike out the claims and decided to allow the discrimination claim to proceed out of time.
The legal issue
The tribunal had to decide whether the claimant had enough service to bring an unfair dismissal claim (he did not) and whether his disability discrimination claim, filed late, should be allowed to go ahead on 'just and equitable' grounds.
The outcome
The tribunal struck out the unfair dismissal claim because the claimant had less than two years' service, but refused to strike out the disability discrimination claim.
Key reasons:
- The claimant was dismissed on 22 October 2021 but did not start early conciliation until 6 March 2022, about six weeks after the 21 January 2022 deadline.
- The delay was caused by the claimant's medical treatment, his father's serious illness, and the ongoing grievance process.
- The tribunal found it 'just and equitable' to extend time, noting the respondent had not cooperated fully and the grievance outcome suggested possible discrimination.
Lessons & takeaways
- Employees with less than two years' service cannot claim ordinary unfair dismissal, but may still bring discrimination claims.
- Discrimination claims must be brought within three months of the last act of discrimination – but tribunals can extend time if it is 'just and equitable'.
- Personal illness or family emergencies can be valid reasons for delay, but you should act promptly once you are able.
- Pursuing an internal grievance does not automatically stop the clock – you still need to start tribunal proceedings in time.
A case of timing and disability
This case shows how strict time limits can be for discrimination claims, but also that tribunals have discretion to allow late claims in the right circumstances. The former employee, who has mobility problems with his arms, was dismissed after less than three months with Tesco. He believed his disability was the reason for his dismissal.
Because he had less than two years' service, he could not bring an ordinary unfair dismissal claim. But disability discrimination claims have no service requirement. The problem was that he started early conciliation about six weeks after the legal deadline.
Why the delay was excused
The tribunal heard that the claimant had been undergoing treatment for a trial drug, and his father – who was also his lay representative – caught COVID in December 2021 and then was hospitalised with an autoimmune condition for nearly two weeks. The father was off work for four and a half months. The claimant also pursued an internal grievance, which the tribunal said was not unreasonably delayed by Tesco.
Despite the length of the delay, the tribunal decided it would be 'just and equitable' to let the discrimination claim proceed. Key factors included the personal circumstances, the fact that the grievance appeal outcome suggested possible discrimination, and that the respondent had not fully cooperated with information requests.
What this means for similar claims
The decision is a reminder that time limits are strict, but not absolute. If you have a good reason for missing the deadline – especially if it involves illness or family crisis – a tribunal may still hear your case. However, you should act as soon as you can and keep evidence of the reasons for delay.
For employers, the case highlights the importance of responding promptly to grievances and providing information, as failure to do so can count against you in a 'just and equitable' assessment.
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