Coles v First Group plc

Case Summary

At a preliminary hearing, the claimant failed to comply with an Unless Order regarding disability discrimination claims but was granted relief from sanctions to proceed. The unfair dismissal claim, although presented outside the normal time limit, was permitted to proceed as it was not reasonably practicable to present it earlier and it was presented within a further reasonable period.

The claimant failed to comply with the Unless Order but relief from sanctions was granted as it was in the interests of justice. The unfair dismissal claim was permitted to proceed despite being out of time because it was not reasonably practicable to present it within the normal time limit and it was presented within a further reasonable period.

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• •Compliance with Unless Order
• •Relief from sanctions
• •Time limit for unfair dismissal claim
• •Reasonable practicability

EMPLOYMENT TRIBUNALS Claimant: Mr V Coles Respondent: First Group PLC JUDGMENT AT A PRELIMINARY HEARING 1. The Claimant has not materially complied with the Unless Order dated 20 August 2025 (“the Unless Order”) and accordingly, subject to paragraph 2 below, all of his claims of disability discrimination stand dismissed in accordance with the Unless Order. 2. It is in the interests of justice to set aside the automatic dismissal of the claims of disability discrimination for failure to comply with the Unless Order. The Claimant is granted relief from sanctions and is therefore entitled to proceed with his disability discrimination claims (subject to consideration of time limits at final hearing). 3. The Claimant’s unfair dismissal claim was not presented within the applicable time limit, but it was not reasonably practicable to do so. The unfair dismissal claim was presented within a further reasonable period. The Claimant’s unfair dismissal claim will therefore proceed. Case management Orders for the final hearing are given separately. Employment Judge Youngs 11 April 2026 JUDGMENT SENT TO THE PARTIES ON 05 May 2026 Note: Summary reasons for the decision having been given orally at the hearing, written summary reasons will not be provided unless a written request is received from either party within 14 days of the sending of this record of the decision. Public access to employment tribunal decisions 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. Recording and Transcription Please note that if a Tribunal hearing has been recorded you may request a transcript of the recording, for which a charge may be payable. If a transcript is produced it will not include any oral j…