2407390/2024Partial success

Marks and Spencer plc

22 January 2026·Employment Tribunal·England & Wales·Employment Judge Ainscough

Respondent

Marks and Spencer plc

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Decision date

22 January 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Ainscough

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.

Why this outcome?

Out of time

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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Key Issues

  • 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

Original published judgment

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