Claimant v West Hertfordshire Teaching Hospitals NHS Trust
Outcome
Individual claims
The claim was presented out of time and the tribunal determined it was not just and equitable to extend the time limit. Therefore the tribunal had no jurisdiction to hear the claim.
The claim was presented out of time and the tribunal determined it was not just and equitable to extend the time limit. Therefore the tribunal had no jurisdiction to hear the claim.
The claim was presented out of time and the tribunal determined it was not just and equitable to extend the time limit. Therefore the tribunal had no jurisdiction to hear the claim.
The claim was presented out of time and the tribunal determined it was not just and equitable to extend the time limit. Therefore the tribunal had no jurisdiction to hear the claim.
The tribunal dismissed the constructive unfair dismissal claim. The claimant failed to establish that the respondent had committed a fundamental breach of contract entitling them to resign and treat themselves as dismissed.
Facts
Mr Mohamed Razick brought claims against West Hertfordshire Teaching Hospitals NHS Trust for race and religion discrimination, harassment, and constructive unfair dismissal. The case was heard over five days at Watford Employment Tribunal. The claimant was represented by a lay representative while the respondent NHS Trust was represented by counsel.
Decision
The tribunal dismissed all claims. The discrimination and harassment claims related to race and religion were dismissed on jurisdictional grounds as they were presented out of time and the tribunal decided it was not just and equitable to extend the time limit. The constructive unfair dismissal claim was dismissed on its merits.
Practical note
Even with a five-day full merits hearing, discrimination claims can fail at the jurisdictional hurdle if time limits are not met and the tribunal does not exercise its discretion to extend time on just and equitable grounds.
Case details
- Case number
- 3303718/2023
- Decision date
- 1 August 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep