Cases1401085/2024

Claimant v Cornwall Partnership NHS Foundation Trust

27 November 2025Before Employment Judge VolkmerBodminin person

Outcome

Claimant fails

Individual claims

Direct Discrimination(disability)struck out

The complaint was not presented within the applicable time limit. The tribunal found it was not just and equitable to extend the time limit and therefore dismissed the complaint.

Harassment(disability)struck out

The complaint was not presented within the applicable time limit. The tribunal found it was not just and equitable to extend the time limit and therefore dismissed the complaint.

Failure to Make Reasonable Adjustments(disability)struck out

The complaint was not presented within the applicable time limit. The tribunal found it was not just and equitable to extend the time limit and therefore dismissed the complaint.

Victimisationstruck out

The complaint was not presented within the applicable time limit. The tribunal found it was not just and equitable to extend the time limit and therefore dismissed the complaint.

Whistleblowingstruck out

The complaint was not presented within the applicable time limit. The tribunal found it was reasonably practicable to present the claim in time but the claimant failed to do so, and therefore dismissed the complaint.

Facts

Donna Bennett brought claims against Cornwall Partnership NHS Foundation Trust including direct disability discrimination, harassment related to disability, failure to make reasonable adjustments, victimisation and whistleblowing detriment. The hearing took place over eight days in November 2025. The claimant appeared in person supported by her husband, while the respondent was represented by counsel.

Decision

The tribunal dismissed all claims on jurisdictional grounds. All claims were presented outside the applicable time limits. For the discrimination-related claims, the tribunal found it was not just and equitable to extend time. For the whistleblowing claim, the tribunal found it was reasonably practicable to present the claim in time.

Practical note

Even unrepresented claimants must comply with strict time limits, and tribunals will not automatically extend time for discrimination claims or whistleblowing detriments presented late.

Legal authorities cited

Case details

Case number
1401085/2024
Decision date
27 November 2025
Hearing type
preliminary
Hearing days
8
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No