Claimant v Cumbria, Northumbria, Tyne and Wear NHS Foundation Trust
Outcome
Individual claims
The tribunal struck out discrimination complaints relating to alleged acts in paragraphs 3.1.1-3.1.7 covering 2013-2022 on the basis the claimant had no reasonable prospect of establishing they were part of a continuing course of conduct or that it would be just and equitable to extend time limits.
The tribunal refused to strike out the complaint regarding David Muir in March 2023, finding the time limit issues (whether part of continuing conduct or just and equitable extension) should be determined at the final hearing.
Facts
The claimant brought discrimination complaints against his NHS employer covering alleged acts from 2013 to 2023. The respondent applied to strike out the older complaints (2013-2022) on time limit grounds. The tribunal heard a preliminary hearing to determine whether the claims should proceed.
Decision
The tribunal struck out discrimination complaints relating to alleged acts from 2013-2022, finding no reasonable prospect the claimant could establish they were part of continuing conduct or that a just and equitable extension was appropriate. However, the tribunal allowed the March 2023 complaint regarding David Muir to proceed to final hearing where time limit issues would be determined.
Practical note
At preliminary hearings on time limits, tribunals can strike out historical discrimination claims where there is no reasonable prospect of establishing continuing conduct or just and equitable extension, while allowing more recent allegations to proceed to full hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 2502528/2023
- Decision date
- 25 August 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No