A disability discrimination claim brought by a former Tesco checkout operator from Portadown has been dismissed by an industrial tribunal after it ruled the case was filed well outside the three-month statutory deadline and that there were insufficient grounds to extend that limit.

Siobhan Breen, who worked at the Tesco store in the Meadows Shopping Centre in Portadown from March 2018, lodged her claim on 31 January 2025. The last alleged act of discrimination she cited occurred on 5 July 2024 - a gap of six months and 24 days beyond the point at which the claim should have been submitted. The respondents were Tesco Stores Ltd and Breen's line manager, Fiona Doherty.

Breen's claim centred on alleged bullying and harassment by Doherty, which she said was connected to her disability. Breen has COPD and asthma, conditions not disputed by the respondents. Her account of events ran from October 2023 through to July 2024 and included a series of absenteeism meetings, comments she regarded as insensitive about her health and lifestyle, and a suggestion from Doherty that she consider resigning. Breen was dismissed on 29 August 2024 after an occupational health report concluded she was permanently unfit for work.

At the preliminary hearing, Employment Judge Wimpress considered whether the time limit should be extended on just and equitable grounds. Breen, who represented herself, argued that her poor health and her decision to wait for a response to a formal complaint she sent to Tesco management on 4 September 2024 justified the delay. Tesco was represented by barrister Ryan Cushley of Pinsent Masons Belfast.

The tribunal found that while Breen was in poor health during the relevant period, there was no evidence that her conditions prevented her from seeking advice or filing a claim in time. The tribunal noted she had contacted a Portadown solicitors' firm in June or July 2024 to ask about a potential claim, but did not proceed due to the cost. It also noted she was well enough to submit a formal written complaint to Tesco management in September 2024. She was not hospitalised at any point between the date of the last alleged discriminatory act and the filing of her claim.

The tribunal further found that waiting for a response to an internal complaint does not pause the statutory time limit, and that Breen had made a conscious decision to focus on her health rather than pursue legal proceedings in 2024. The judge described this as a significant factor weighing against granting an extension. Breen did not contact the Labour Relations Agency until January 2025.

Applying the relevant legal framework, including considerations set out in the British Coal Corporation v Keeble case, the tribunal concluded that the reasons given for the delay did not withstand scrutiny. It found the delay substantial, noted that the cogency of evidence was likely to be affected given that the events dated back to October 2023, and determined that Breen had not acted promptly once she was aware of the potential claim. The tribunal dismissed the claim for want of jurisdiction.