Marks and Spencer plc

Case Summary

The claimant's complaints of unfair dismissal, age discrimination, and disability discrimination were dismissed as out of time, but the tribunal determined it would be just and equitable to extend time for the discrimination complaints, which will be determined at a final hearing.

The unfair dismissal complaint was dismissed because it was reasonably practicable for the claimant to submit the claim within the 3-month time limit, but the tribunal exercised its discretion to extend time for the discrimination complaints on the basis that it would be just and equitable to do so.

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• •Effective date of termination
• •Time limit for submitting complaints
• •Whether it was reasonably practicable for the claimant to submit the ET1 form within the prescribed time limit
• •Whether it would be just and equitable to extend time for the purposes of the discrimination complaints

EMPLOYMENT TRIBUNALS Claimant: Mrs H S Anderson Respondent: Marks and Spencer PLC Heard at: Liverpool On: 20 January 2026 Before: Employment Judge Ainscough Representation: Claimant: Mr Anderson – claimant’s husband Respondent: Mr Neaman - Counsel JUDGMENT 1. The effective date of termination was 10 August 2024. 2. The time limit for submitting the complaint of unfair dismissal in accordance with section 111 of the Employment Rights Act 1996 was 9 November 2024. 3. The time limit for submitting the complaints of direct age discrimination and discrimination arising from disability in accordance with section 123 of the Equality Act 2010 was 9 November 2024. 4. The claimant started the ACAS Early Conciliation process on 18 November 2024 and received the Certificate on 20 November 2024. The ET1 form was submitted on 8 December 2024 and therefore all complaints are out of time. 5. The Tribunal has determined that it was reasonably practicable for the claimant to submit the ET1 form within the prescribed time limit. As a result, the complaint of unfair dismissal is dismissed. 6. The Tribunal has determined that it would be just and equitable to extend time for the purposes of the discrimination complaints and those complaints will be determined at the final hearing which will take place from 7 April 2026 – 10 April 2026. Approved by: Employment Judge Ainscough 22 January 2026 JUDGMENT SENT TO THE PARTIES ON 6 March 2026 FOR THE TRIBUNAL OFFICE Notes Written reasons will not be provided unless a written request is presented by either party within 14 days of the sending of this written record of the decision. Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case.