Claimant v NHS24
Outcome
Individual claims
Tribunal found claim was out of time and it was not just and equitable to extend time. Claimant had consciously chosen not to pursue the matter when capable of doing so in December 2023 and again in summer 2024. She only sought advice in December 2024, almost a year late.
Struck out as out of time for same reasons as discrimination arising from disability claim. Claimant was medically capable of pursuing claim in December 2023 and by July/August 2024 but chose not to.
Struck out as out of time. Tribunal held it was not just and equitable to extend time given claimant had consciously decided not to explore legal options in December 2023 out of concern it would damage future NHS employment prospects, and could have revisited this in summer 2024 but did not.
Facts
Claimant applied for role with NHS24 in April 2023 and received conditional offer in May 2023. After period exploring adjustments for her disabilities with Occupational Health, the offer was withdrawn on 18 December 2023, allegedly because specialist software was incompatible and adjustable desk could not be obtained. Claimant commenced ACAS Early Conciliation on 12 December 2024 and filed claim on 10 January 2025, almost a year out of time. She cited illness including Covid-19 in early 2024 and mental health decline from January to October 2024, and lack of knowledge that job applicants could bring discrimination claims.
Decision
Tribunal dismissed claim as out of time, finding it not just and equitable to extend. Key factors were that claimant consciously chose not to pursue claim in December 2023 out of concern for future NHS job prospects despite being capable of doing so, and could have revisited the matter by summer 2024 when her mental health improved but did not. Tribunal held she should have known or taken reasonable steps to discover her legal rights.
Practical note
A claimant's conscious decision not to pursue legal advice or a claim for strategic employment reasons, followed by significant delay, will generally not support a just and equitable extension of time even where the claim appears to have merit and the claimant later experiences health difficulties.
Legal authorities cited
Statutes
Case details
- Case number
- 8000076/2025
- Decision date
- 23 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- NHS24
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Psychological Wellbeing Officer
Claimant representation
- Represented
- Yes
- Rep type
- solicitor