Former Harrods employee's discrimination claim thrown out for being too late
A tribunal struck out a former Harrods employee's religion or belief discrimination claim as out of time, but allowed his constructive unfair dismissal claim to proceed to a final hearing.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant presented his ET1 on 3 June 2022, complaining of constructive unfair dismissal, religion or belief discrimination, unlawful deduction from wages (2% pay increase in 2019), and breach of contract (enhanced pension).
- The religion or belief discrimination claim related to a single incident in 2016 where a manager made a comment about the claimant's turban.
- The claimant resigned on 20 January 2022, with his last day of employment on 21 February 2022.
- The claimant failed to comply with a case management order to provide a witness statement on time limits and further particulars of his claims.
- The respondent applied to strike out all claims or for a deposit order.
Timeline
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Discrimination incident
A Facilities Manager made a comment about the claimant's turban and threw a telephone. The claimant reported it verbally to Mr S Delmo the same day.
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Claimant started new role in Store Services
The claimant began working in a new department. He alleges he was not given his contract until 9 February 2017, missing the 3-month window to opt into an enhanced pension scheme.
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Claimant joined Distribution department
The claimant moved to Distribution. He alleges he did not receive a 2% pay increase awarded to all employees in 2019.
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Redundancy consultation meeting
The respondent held a redundancy consultation meeting with the claimant. This is the first incident the claimant relies on for his constructive dismissal claim.
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Colleague given manager role
The claimant's colleague was given a manager role in another department; the claimant says he was not interviewed and was given unfavourable shifts.
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Occupational Health consultation
The claimant consulted Occupational Health about his deteriorating mental health, including depression and anxiety.
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Claimant resigned
The claimant gave notice of resignation via the respondent's workday system, listing 10 concerns in a resignation email dated 27 January 2022.
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Last day of employment
The claimant's employment ended. He had secured a new job a week before this date.
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Claim presented to tribunal
The claimant submitted his ET1 claim form.
The legal issue
The tribunal had to decide whether to strike out the claimant's claims or order a deposit, and whether the religion or belief discrimination claim was presented in time.
The outcome
The tribunal partially granted the respondent's application.
- The religion or belief discrimination claim was dismissed because it was presented outside the 3-month time limit and it was not just and equitable to extend time.
- The claims for unlawful deduction from wages (2% pay increase) and breach of contract (enhanced pension) were struck out as having no reasonable prospect of success.
- The constructive unfair dismissal claim was allowed to proceed to a final hearing.
- No deposit order was made.
Lessons & takeaways
- Discrimination claims must be brought within three months of the act complained of, or within such other period as the tribunal considers just and equitable.
- Failing to comply with case management orders can lead to strike-out, but tribunals may still allow a claim with reasonable prospects to proceed.
- Claims for unlawful deduction from wages or breach of contract that are based on events years ago may be struck out if they have no reasonable prospect of success.
- A single incident of discrimination, even if serious, may be time-barred if not raised promptly.
What this case shows in practice
This case illustrates how time limits can be a major hurdle for discrimination claims. The former Help Desk Operator relied on a single comment about his turban made by a manager in 2016, but he did not present his claim until June 2022 – nearly six years later. The tribunal concluded that even if the incident amounted to discrimination, it was far too late to bring a claim.
What the losing side could have done differently
The claimant could have raised the discrimination issue much sooner, either through an internal grievance or by presenting a claim to the tribunal within three months of the incident. He also failed to comply with a case management order to provide a witness statement on time limits, which weakened his position. For the claims that were struck out (unlawful deduction from wages and breach of contract), the tribunal noted they had no reasonable prospect of success because the events were too old and lacked supporting detail.
Why the result matters for similar claims
This decision reinforces that employment tribunals take time limits seriously. Even if a claimant feels they have been discriminated against, they must act promptly. The constructive unfair dismissal claim survived because it was based on a series of events leading up to the claimant's resignation in January 2022, which was within the time limit. The case will now proceed to a final hearing on that claim only.
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