Claimant v Central and North West London NHS Foundation Trust
Outcome
Individual claims
The claim was dismissed as out of time. The claimant alleged that Mr Omosebi deliberately sent him an email on 10 April 2024 (Eid) as an act of religious discrimination regarding an overpayment debt. The tribunal found the amendment application was not made until 30 January 2025, well beyond the three-month limit, and the claimant failed to provide adequate explanation for the delay to justify extending time on just and equitable grounds. Even if the claim had been in time, the tribunal found no evidence that Mr Omosebi knew the claimant was Muslim or that 10 April was Eid, and would have sent the same email to any debtor regardless of religion.
Facts
The claimant, a Muslim, was employed by the NHS Trust as a Team Administrator from January to July 2021. In 2024, the Trust sought to recover an alleged overpayment of £4,160.76. On 10 April 2024 (the Festival of Eid), Mr Omosebi sent the claimant an email about referring the debt to external collectors. The claimant alleged this was deliberate religious discrimination. The original ET1 was filed on 3 April 2024 before the alleged discriminatory act occurred. The claimant's amendment application to add the religious discrimination claim was not made until 30 January 2025.
Decision
The tribunal dismissed the claim as out of time. The amendment application was made more than three months after the alleged act on 10 April 2024. The claimant failed to provide adequate explanation for the delay, having had some legal advice and not being medically unwell. The tribunal declined to exercise its discretion to extend time on just and equitable grounds. Even if in time, the claim would have failed as there was no evidence Mr Omosebi knew the claimant was Muslim or that 10 April was Eid, and he would have acted the same way towards any debtor.
Practical note
Claims for post-employment discrimination based solely on the timing of routine debt collection correspondence will fail where there is no evidence the sender knew of the claimant's religion or religious observance dates, and strict time limits will be enforced absent compelling justification for delay.
Legal authorities cited
Statutes
Case details
- Case number
- 2217785/2024
- Decision date
- 11 September 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Team Administrator
- Service
- 6 months
Claimant representation
- Represented
- No