Claimant v Dorset County Hospital NHS Foundation Trust
Outcome
Individual claims
Claim of discrimination arising from disability under section 15 Equality Act 2010 based on three emails sent internally on 19 June 2023, 12 July 2023 and 15 November 2023. Struck out as presented out of time (deadline 14 February 2024, filed 17 July 2024). Tribunal refused just and equitable extension as claimant had support from trade union, husband and ACAS, and could reasonably have submitted claim shortly after becoming aware of emails on 11 April 2024 rather than waiting until 17 July 2024.
Claim of harassment related to disability under section 26 Equality Act 2010 based on three emails sent internally on 19 June 2023, 12 July 2023 and 15 November 2023. Struck out as presented out of time. Tribunal found time ran from date of emails (conduct extending over a period ending 15 November 2023, deadline 14 February 2024), not from when claimant became aware of them (8 April 2024). Claim filed 17 July 2024, over five months late. Tribunal refused just and equitable extension, finding no good reason for delay given support available to claimant.
Facts
Claimant worked as Therapies Assistant/Administrator from March 2015 until dismissal on capability grounds on 6 March 2024. She was disabled by Chronic Fatigue Syndrome. Three internal emails were sent on 19 June 2023, 12 July 2023 and 15 November 2023 containing comments about the claimant, of which she was unaware. She made a subject access request on 10 March 2024 and received the emails on 8 April 2024. She notified ACAS on 27 March 2024 and filed her claim on 17 July 2024. She was supported by her trade union representative and husband throughout.
Decision
Tribunal struck out all claims as presented out of time and refused to extend time under the just and equitable test. The tribunal found that time ran from the dates of the emails (conduct extending over a period ending 15 November 2023), not from when the claimant became aware of them on 8 April 2024. The claim was over five months late. The tribunal found no good reason for the delay, noting the claimant had support from her trade union, husband and ACAS, and could reasonably have submitted her claim shortly after 11 April 2024 rather than waiting until 17 July 2024.
Practical note
In harassment claims, the limitation period runs from the date of the conduct itself (or the last act in a series), not from when the claimant becomes aware of it, even if discovery occurs via a subject access request months later.
Legal authorities cited
Statutes
Case details
- Case number
- 1401661/2024
- Decision date
- 15 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Therapies Assistant/Administrator
- Service
- 9 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister