Claimant v Sciensus Pharma Services Limited
Outcome
Individual claims
Claim struck out for being presented outside the three-month time limit. Tribunal found it was reasonably practicable for the claimant to present her claim in time. Despite her claimed depression and stress, she actively pursued an internal appeal and an NMC registration appeal during the limitation period, demonstrating capacity to act. No medical evidence covered the relevant period. Any ignorance of time limits was unreasonable.
Facts
The claimant was dismissed on 19 March 2024 and paid in lieu of notice. She did not contact ACAS until 17 July 2024, well outside the three-month time limit which expired on 18 June 2024. Her claim was filed on 23 August 2024. She argued that depression and stress following dismissal prevented her from acting in time, and that her union (RCN) could not assist due to lapsed membership. However, during the limitation period she actively pursued an internal appeal hearing on 21 May 2024 and an NMC appeal regarding her nursing registration, demonstrating capacity to act.
Decision
The tribunal struck out the claim for lack of jurisdiction, finding it was reasonably practicable for the claimant to present her claim in time. Despite her claimed mental health issues, she demonstrated capacity to pursue other appeals during the relevant period. She provided no medical evidence covering the limitation period. Any ignorance of time limits was unreasonable given her intelligence, education, and awareness of potential legal rights.
Practical note
Depression and stress following dismissal will not extend time limits where the claimant demonstrates capacity to pursue other proceedings during the limitation period and provides no medical evidence of incapacity during the critical time.
Legal authorities cited
Statutes
Case details
- Case number
- 3308764/2024
- Decision date
- 11 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No