Claimant v Northern Care Alliance NHS Foundation Trust
Outcome
Individual claims
Claim regarding intensive workload without movement breaks dating from 2019 struck out. No reasonable prospect of establishing continuing conduct given significant gap to 2022, nor just and equitable extension given forensic prejudice and that issue was not raised in grievance.
Claim regarding hybrid working model amended May 2023 allowed to proceed. Tribunal found it at least arguable this formed part of continuing act when taken with other discrimination allegations.
Claim regarding car parking distance from November 2019 struck out. No reasonable prospect of establishing continuing conduct or just and equitable extension given temporal gap, forensic prejudice, and non-inclusion in grievance.
Claim regarding orthopaedic chair from November 2019 struck out. No reasonable prospect of establishing continuing conduct or just and equitable extension given significant delay and forensic prejudice to respondent.
Claims allowed to proceed. Tribunal found it arguable that seven-month gap between acts is not inconsistent with continuing conduct, particularly given common theme relating to line manager KB's conduct.
Claims allowed to proceed as arguable continuing act, given common theme of conduct by line manager KB and claimant's case at highest regarding just and equitable extension.
Most claims allowed to proceed on basis of arguable continuing act relating to KB's conduct. Birthday card allegation made subject to deposit order as having little reasonable prospect on race discrimination basis, though claimant may argue just and equitable extension.
Allegation at item 7.2.11 dismissed upon withdrawal by claimant during hearing.
Birthday card allegation and other victimisation claims allowed to proceed. Tribunal found it arguable that card sent during grievance investigation could constitute victimisation and form part of continuing act.
Facts
Claimant brought multiple discrimination claims against NHS Trust employer relating to conduct from 2019 onwards, including failures to make reasonable adjustments for her disability (hip problems), harassment and direct race discrimination primarily involving her line manager KB. Most complaints were brought outside the primary time limit. The last alleged act by KB was a birthday card sent in May 2024, approximately seven months after previous acts in October 2023. Claimant commenced early conciliation on 20 July 2024 and filed her claim on 21 September 2024, meaning acts before 21 April 2024 were prima facie out of time.
Decision
At this preliminary hearing on time limits and strike-out, the tribunal struck out three reasonable adjustment claims dating from 2019 (workload, car parking, orthopaedic chair) as having no reasonable prospect of establishing continuing conduct or just and equitable extension. However, the tribunal allowed most other claims to proceed, finding it arguable that acts by line manager KB formed a continuing course of conduct despite a seven-month gap. The tribunal also made a £100 deposit order against the direct race discrimination claim regarding the birthday card, finding little reasonable prospect of success on that specific allegation.
Practical note
Significant temporal gaps between alleged discriminatory acts (here, from 2019 to 2022) will defeat claims of continuing conduct where there is forensic prejudice and matters were not raised in grievance, but gaps of several months between more recent acts with a common theme may still support an arguable continuing act.
Legal authorities cited
Statutes
Case details
- Case number
- 6012410/2024
- Decision date
- 25 September 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No