Claimant v Mid Cheshire Hospitals NHS Foundation Trust
Outcome
Individual claims
The tribunal concluded it was reasonably practicable for the claimant to have lodged her claim within the three-month time limit despite her personal difficulties. She had trade union representation, started new employment immediately after resignation, was able to apply for hardship funding, and arrange two house moves. There was no medical evidence of incapacity and no evidence she was ignorant of tribunal time limits. She did not lodge her claim until three weeks after finding settled accommodation. The claim was dismissed as out of time.
This was a claim of indirect disability discrimination by association (claimant's son is autistic). The tribunal accepted the respondent's argument that the last act of discrimination was 13 March 2024 when the claimant went on long-term sick leave, as the policy about working outside agreed shift patterns could no longer apply to her after that date. The claim was lodged six months later. The tribunal found no just and equitable reason to extend time, considering the claimant was able to attend meetings, secure new employment, complete hardship fund applications, and had trade union support throughout. The prejudice to the respondent of defending a claim about events over 12 months old outweighed the claimant's circumstances.
Facts
The claimant was employed as a lead nurse from July 2023. She struggled to balance work with childcare responsibilities following marital separation and supporting four children, including an autistic son. Performance and attendance concerns arose during probation. A safeguarding issue in March 2024 led to her being placed on long-term sick leave. She resigned in April 2024 with effective termination date 26 May 2024. She started new employment immediately but at reduced salary and hours, leading to housing instability over the summer. She did not lodge her tribunal claim until 18 September 2024, nearly four months after termination.
Decision
The tribunal dismissed both claims as out of time. For constructive dismissal, the tribunal found it was reasonably practicable to lodge the claim within three months despite the claimant's personal difficulties, as she had trade union representation, was functional enough to start new work immediately, and was not ignorant of her rights. For the discrimination claim, the tribunal applied the less strict just and equitable test but still found no basis to extend time, noting the last discriminatory act was in March 2024 (when she went on sick leave) making the delay even longer, and balancing prejudice to both parties.
Practical note
Personal and financial difficulties, even when severe, will rarely be sufficient to extend time limits if a claimant remains functional enough to undertake other complex tasks (new employment, house moves, funding applications) and has access to union representation but fails to seek advice on tribunal time limits.
Legal authorities cited
Statutes
Case details
- Case number
- 6012120/2024
- Decision date
- 29 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Lead Nurse
- Service
- 10 months
Claimant representation
- Represented
- No