Claimant v Wirral University Teaching Hospital NHS Foundation Trust
Outcome
Individual claims
All claims of detriment due to public interest disclosure were struck out as presented outside the statutory time limit and the claimant had no reasonable prospects of establishing that she could not reasonably practicably have presented the claims in time.
All harassment claims struck out as not presented in time, with no reasonable prospect of showing they formed part of a continuing act, and no reasonable prospect of securing just and equitable extension of time.
The sole claim of direct disability discrimination was struck out as not presented in time, with no reasonable prospect of showing it formed part of a continuing act, and no reasonable prospect of securing just and equitable extension of time.
Two claims (numbered 7.2.1 and 7.2.2) relating to events in November 2021 and October 2022 were struck out as not presented in time, with no reasonable prospect of showing they formed part of a continuing act with remaining claims from October 2023 to April 2024, and no reasonable prospect of just and equitable extension.
Two claims (numbered 7.2.3 and 7.2.4) relating to events from October 2023 to April 2024 remain live and were not struck out, presumably as they were presented within the time limit.
Facts
The claimant, an unrepresented individual, brought claims against an NHS Trust including whistleblowing detriments and disability discrimination. The claims related to events spanning from November 2021 to April 2024. The respondent applied to strike out the claims on the basis they were presented outside applicable time limits.
Decision
The tribunal struck out all whistleblowing claims and the majority of disability discrimination claims as being out of time. The claimant had no reasonable prospect of establishing reasonable practicability for late presentation of whistleblowing claims, nor of establishing a continuing act or securing just and equitable extension for the older disability discrimination claims. Two reasonable adjustment claims from October 2023 to April 2024 survived.
Practical note
Unrepresented claimants face significant barriers when claims are presented late, as the tribunal will strike out claims where there is no reasonable prospect of establishing the required extensions of time, even at a preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 2403577/2024
- Decision date
- 31 July 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No