Claimant v Oxford University Hospitals NHS Foundation Trust
Outcome
Individual claims
This claim was not determined at the preliminary hearing. The tribunal found it had jurisdiction to hear it (not premature) and it will proceed to a full merits hearing.
The tribunal found that the claimant was not disabled within the meaning of section 6 Equality Act 2010 at the relevant time. Although he had depression causing substantial adverse effects on day-to-day activities, the impairment had not lasted 12 months and the evidence was insufficient to show it was likely to last 12 months from the date of the alleged discriminatory acts.
The claimant accepted in oral evidence that he ticked the 'sex discrimination' box in error and did not provide any further details. This claim was effectively abandoned.
This claim was not determined at the preliminary hearing and will proceed to a full merits hearing.
Claim for less favourable treatment as a fixed-term employee was not determined at the preliminary hearing and will proceed to a full merits hearing.
The tribunal found it had no jurisdiction to hear this claim because it was presented prematurely. The claim was lodged on 26 September 2023 before the effective date of termination on 26 November 2023. Under Capek v Lincolnshire County Council, breach of contract claims cannot be brought before the contract terminates.
Facts
The claimant worked for the NHS Trust on a series of fixed-term contracts from 2018. From December 2020 he received an uplift from Band 5 to Band 6 to cover additional duties. In February 2023 he was told the uplift would end and he would revert to Band 5 from April 2023. He raised a grievance and went off sick with depression from March 2023. He resigned in September 2023 with effect from November 2023 while still off sick and brought claims including constructive dismissal, disability discrimination, and breach of contract.
Decision
The tribunal found it had jurisdiction to hear the unfair dismissal claim (not premature) but no jurisdiction over the breach of contract claim (presented before termination). The tribunal found the claimant was not disabled under the Equality Act 2010 because although he had depression causing substantial adverse effects, the evidence was insufficient to show it was likely to last 12 months from the date of the alleged discriminatory acts.
Practical note
Even where depression causes substantial adverse effects on day-to-day activities and is medically diagnosed, a claimant must provide sufficient evidence (often expert medical evidence) that the condition is likely to last 12 months from the date of the alleged discrimination, particularly where the condition appears linked to resolving workplace issues.
Legal authorities cited
Statutes
Case details
- Case number
- 3311188/2023
- Decision date
- 30 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Band 5 Senior Clinical Data Coordinator / Band 6 Clinical Data Manager
- Service
- 5 years
Claimant representation
- Represented
- No