Claimant v Mersey and West Lancashire Teaching Hospitals NHS Trust
Outcome
Individual claims
Claim struck out because claimant had no reasonable prospect of establishing it was not reasonably practicable to present the claim within the statutory time limit. Claim was presented 4 months and 24 days late. Claimant's lack of knowledge of time limits and focus on GMC investigation were insufficient reasons. She was an intelligent person who ought to have taken steps to establish relevant time limits.
Claimant brought a complaint about failure to respond to grievance adequately. Tribunal found it had no jurisdiction to hear this complaint as there was no allegation it was linked to a protected characteristic, whistleblowing, or other statutory basis within tribunal jurisdiction. No valid claim presented.
Claimant brought complaint about failure to provide reference by Second Respondent. Tribunal found it had no jurisdiction to hear this complaint as there was no allegation it was linked to a protected characteristic or other statutory basis. No valid claim presented.
Facts
Dr Al-Sakkal was a trainee doctor employed by an NHS Trust under a tripartite arrangement. Following an unsuccessful professional review on 24 January 2024, allegedly caused by a report from her educational supervisor (the Second Respondent), she was released from training. Her National Training Number was withdrawn and her employment terminated on 7 February 2024. She raised a grievance which was rejected and attempted to amend her claim to include discrimination allegations relating to race, religion and age, many months after the initial claim.
Decision
The tribunal struck out the unfair dismissal claim as the claimant had no reasonable prospect of establishing it was not reasonably practicable to present the claim within the statutory time limit. The claim was nearly 5 months late. The tribunal found no valid claims relating to grievance handling or failure to provide a reference, as these had no statutory basis within tribunal jurisdiction and no protected characteristic was properly pleaded.
Practical note
Claimants must present unfair dismissal claims within strict statutory time limits and mere ignorance of those limits or distraction by other matters will not render late presentation reasonably practicable; complaints about grievance handling and references require an underlying statutory cause of action to engage tribunal jurisdiction.
Legal authorities cited
Statutes
Case details
- Case number
- 6013543/2024
- Decision date
- 4 November 2025
- Hearing type
- preliminary
- Hearing days
- 0.5
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Resident Doctor in Training
- Service
- 3 years
Claimant representation
- Represented
- No