Claimant v National Waiting Times Centre Board
Outcome
Individual claims
The claim will proceed to full hearing. Claimant alleges he was denied the opportunity to perform bank work from around 19 December 2023 onwards because of his age, while two younger comparators (Mr Finn and Mr Welch) in materially similar circumstances were allowed to continue such work. The tribunal found this was a stateable case and constituted a continuing act extending to at least the commencement of early conciliation.
Facts
Dr Nassar, a medical practitioner, was told in December 2023 he could no longer perform bank work (waiting list work) for the respondent NHS board unless he obtained a substantive NHS post. He alleges that two younger practitioners (Mr Finn and Mr Welch) in materially similar circumstances were allowed to continue such work throughout 2024 and into 2025. The claimant raised a grievance in April 2024 about this disparity. He underwent ACAS early conciliation from 21 November 2024 to 2 January 2025 and filed his claim on 31 January 2025.
Decision
The tribunal determined that the age discrimination claim was presented within time, as it constituted a continuing act extending from December 2023 to at least the commencement of early conciliation in November 2024. The tribunal allowed the claim to proceed to a full hearing to determine whether the respondent directly discriminated against the claimant on grounds of age by denying him bank work opportunities while allowing younger comparators to continue.
Practical note
This preliminary hearing demonstrates the importance of the continuing act doctrine in discrimination claims, allowing claims to proceed where the alleged discriminatory treatment is ongoing rather than a single historical event.
Legal authorities cited
Statutes
Case details
- Case number
- 8000259/2025
- Decision date
- 21 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Medical practitioner
Claimant representation
- Represented
- No