Decision date
24 March 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge S Povey
Case Summary
The claimant, a 68-year-old vending operator, was dismissed on 5 September 2023 for unauthorised absence. He presented his claims for unfair dismissal, age discrimination, notice pay, and unpaid wages over three months out of time in March 2024. The tribunal held a preliminary hearing to determine whether to extend the time limit based on the claimant's health conditions.
Key Issues
- •Whether claims presented out of time can proceed
- •Whether it was reasonably practicable to present claims within the three-month time limit
- •Impact of claimant's health conditions on ability to bring claims
- •Unfair dismissal claim based on dismissal for unauthorised leave
- •Age discrimination claim by 68-year-old claimant
- •Claims for notice pay and unpaid wages
Decision Text
- 1 - EMPLOYMENT TRIBUNALS Claimant: Abdul Lateef Respondent: Compass Group UK & Ireland Limited Heard at: London East Hearing Centre On: 19 February 2026 Before: Employment Judge S Povey Representation: For The Claimant: Mr Adbul (Family Friend) For The Respondent: Mr Moss (In-House Solicitor) JUDGMENT having been sent to the parties on 3 March 2026 and written reasons having been requested in accordance with Rule 60(4) of The Employment Tribunal Procedure Rules 2024, the following reasons are provided: REASONS Introduction 1. This hearing was ordered by Employment Judge Lewis at the case management preliminary hearing on 30 October 2025. It is not in dispute that the Claimant presented his claims out of time and the purpose of the hearing was to decide whether the Tribunal should exercise its power to extend time and allow the claims to proceed. 2. In summary, the Claimant was dismissed on 5 September 2023. He did not commence ACAS Early Conciliation until 1 March 2024 and did not submit his claim to the Tribunal until 8 March 2024. Given the date of his dismissal (which forms the basis of his complaints), the latest he should - 2 - have presented his claim (or started Early Conciliation) was 4 December 2023. As such, the claims were presented over three months out of time. 3. The Claimant’s application for an extension of time was, in summary, premised on the following: 3.1. That due to his health, he was not capable of presenting the claim any earlier. 3.2. The cause of his health conditions were the combination of the stresses of losing his job, his wife’s health and the death of his mother-in-law. 3.3. It was not until he was better, toward the end of February 2024, that the Claimant spoke with a friend who advised him of the process and procedure to bring his claim, which he duly did. 4. As directed by …
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Case Details
- Claimant
- A Lateef
- Case No.
- 3200571/2024
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 24 March 2026
- Published
- 30 April 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge S Povey
- Representation
- Legally represented