Mr D Sykes v Aviva Employment Services Ltd: 1802583/2022
JUDGMENT
[1]It was not reasonably practicable for the claimant to present his breach of contract claim within three months less one day of the effective date of termination and he presented it within a reasonable further period. That claim is not therefore out of time.[2]If any act of age discrimination took place on 26 November 2021, it is just and equitable to extend time and so the claimant’s claim of age discrimination is not out of time.[3]In light of the approach agreed at the Hearing on 5 December 2022, when any act of age discrimination took place remains to be decided. If it took place earlier than 26 November 2021, the respondent may argue both that the claim was presented outside the primary time limit (because there was no continuing act) and also that it would not be just and equitable to extend time).