Claimant v Royal Free London NHS Foundation Trust
Outcome
Individual claims
17 allegations dating from October 2014 to 15 December 2022 were struck out as out of time. The tribunal found the claim was brought approximately 3 months late and declined to extend time on just and equitable grounds, concluding it was not just and equitable given the delay, limited reasons for delay, and significant forensic prejudice to the respondent.
11 allegations dating from February 2021 to September 2022 were struck out as out of time. The tribunal declined to extend time on just and equitable grounds for the same reasons as the direct discrimination claim.
18 allegations of disability-related harassment dating from February 2021 to 15 December 2022 were struck out as out of time. The tribunal declined to extend time on just and equitable grounds.
Three undated allegations of victimisation relating to redeployment, threats of dismissal, and false interpretation of attendance records were struck out as out of time. The tribunal declined to extend time on just and equitable grounds.
Multiple allegations of failure to make reasonable adjustments relating to five PCPs were struck out as out of time. Time limits ranged from June 2021 to November 2022 depending on the specific PCP. The tribunal found all reasonable adjustment claims were between 4 months and 2 years out of time and declined to extend time on just and equitable grounds.
Facts
The claimant was a Band 5 Staff Nurse employed since 2011 who had been on long-term sick leave since November 2022 with shoulder, neck and back pain and work-related stress. She alleged disability discrimination spanning from October 2014 to December 2022, including failures to make reasonable adjustments for her physical limitations, direct discrimination, harassment and victimisation. She had been redeployed multiple times to roles including Virtual Nursing, Covid vaccination clinics, Education Centre and Complaints Department. She submitted a 22-page grievance in February 2023 before commencing ACAS conciliation in April 2023 and filing her claim in June 2023.
Decision
The tribunal dismissed the entire claim for lack of jurisdiction, finding all complaints were brought out of time. The reasonable adjustments claims were between 4 months and 2 years late depending on the specific PCP. All other claims were approximately 3 months late. The tribunal declined to extend time on just and equitable grounds, finding the claimant knew about time limits from early January 2023, was able to prepare a detailed grievance in February 2023, and the significant forensic prejudice to the respondent outweighed any benefit to the claimant.
Practical note
Employment lawyers should note that ill-health alone will not justify a time extension if a claimant can prepare a detailed grievance but delays filing the tribunal claim, and that forensic prejudice from historic complaints spanning many years will weigh heavily against extending time even where substantive delay is relatively modest.
Legal authorities cited
Statutes
Case details
- Case number
- 3307209/2023
- Decision date
- 22 August 2025
- Hearing type
- preliminary
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Band 5 Staff Nurse
- Service
- 14 years
Claimant representation
- Represented
- No