Claimant v London Northwest University Healthcare NHS Trust
Outcome
Individual claims
All 13 race discrimination claims were out of time: claims 1-12 occurred Nov 2017-May 2018 (over 2 years out of time), claim 13 occurred Jan 2020 (5 months out of time). Tribunal found no continuing act under Hendricks. No evidence or explanation for contumelious delay provided by claimant. Not just and equitable to extend time. Tribunal has no jurisdiction.
Only three protected acts established: race discrimination questionnaire 28 Sept 2020, complaint 13 Nov 2020, complaint 20 Feb 2021. All alleged detriments prior to Sept 2020 pre-dated the protected acts and were out of time. Dismissal was only in-time detriment. No evidence dismissal was because of protected acts. Dismissal was for ill-health capability.
Whistleblowing detriment claims: only three protected disclosures established (28 Sept 2020, 13 Nov 2020, 20 Feb 2021). All alleged detriments pre-dating Sept 2020 were out of time. Dismissal was only in-time detriment. No evidence dismissal was on ground of protected disclosures. Real reason for dismissal was ill-health capability.
Tribunal found reason for dismissal was capability (ill-health) under s.98(2)(a) ERA 1996. Claimant off sick 15 Dec 2020-May 2022 (15 months), refused to return unless grievance outcome changed. Occupational health confirmed unfit due to 'perceived workplace concerns' not medical condition. Respondent followed detailed sickness absence process, claimant failed to attend 6 review meetings. Dismissal decision by Miss Jeffers on 20 May 2022 fell within band of reasonable responses. Appeal by Jamie Zanardo upheld dismissal after proper process.
Facts
Claimant, a Band 8 NHS nurse of Ghanaian heritage, brought multiple claims spanning 2017-2022 alleging race discrimination (primarily concerning colleague Dawn Hall acting up in Band 8 role in 2017), victimisation and whistleblowing detriments. First claim filed Nov 2020. Claimant raised extensive grievances over many years but never mentioned race until Sept 2020 race discrimination questionnaire. Claimant went off sick 15 Dec 2020 refusing to return until grievance outcomes changed, despite detailed grievance and appeal processes upholding Trust's position. Dismissed 20 May 2022 after 15 months absence for ill-health capability. Claimant represented by Mr Andorful (described initially as union rep but confirmed not to be).
Decision
Tribunal struck out all race discrimination claims as well over 2 years out of time with no explanation for delay and no just and equitable reason to extend. Victimisation and whistleblowing claims also mostly out of time; only dismissal was in-time detriment. Tribunal found dismissal was not because of protected acts or disclosures but for capability due to refusal to return to work. Unfair dismissal claim failed: dismissal for capability fell within band of reasonable responses after proper process including occupational health input and six failed sickness review meetings.
Practical note
Tribunals will rigorously apply time limits even in discrimination cases where contumelious delay (here 2+ years) is unexplained, and will scrutinise whether alleged protected acts genuinely involve equality/whistleblowing allegations rather than generalised grievances.
Legal authorities cited
Statutes
Case details
- Case number
- 3313309/2020
- Decision date
- 27 June 2025
- Hearing type
- full merits
- Hearing days
- 18
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Band 8 Nurse (Integrated Sexual and Reproductive Health Care/HIV Services)
Claimant representation
- Represented
- Yes
- Rep type
- lay rep