Cases1401571/2024

Claimant v Sussex Partnership NHS Foundation Trust

24 June 2025Before Employment Judge FergusonBristolremote video

Outcome

Claimant fails

Individual claims

Direct Discrimination(race)struck out

Claim dismissed for being over four months out of time. Tribunal found no good reason for delay and it was not just and equitable to extend time. Claimant had sought advice from E4BN and Citizens Advice and was aware of possibility of tribunal claim by early January 2024.

Direct Discrimination(race)struck out

Claim dismissed for being over four months out of time. Last act was referral to NMC on 9 November 2023. Tribunal found it not just and equitable to extend time given lack of good reason for delay, substantial passage of time, and prejudice to respondent.

Harassment(race)struck out

Claim dismissed for being over four months out of time. Tribunal found claimant did not establish it was just and equitable to extend time, noting delay was substantial in context of three-month time limit and cogency of evidence would be affected by passage of time.

Victimisationstruck out

Claim dismissed for being over four months out of time. Tribunal found it not just and equitable to extend time. Claimant pursued grievance but did not submit it until six weeks after time limit expired and did not bring claim until more than a month after grievance rejected.

Whistleblowingstruck out

Claim dismissed for being over four months out of time. Tribunal found it was reasonably practicable for claimant to bring claim in time as he had access to advice from E4BN and Citizens Advice, had tribunal claim in mind by early January 2024, and no medical evidence prevented him from claiming.

Detrimentstruck out

Claim dismissed for being over four months out of time. Tribunal found claimant had not established it was not reasonably practicable to bring claim in time. He had sought advice, was aware of time limits or any ignorance was not reasonable, and no medical evidence prevented claim.

Breach of Contractwithdrawn

Claimant confirmed this claim was not pursued.

Facts

Claimant, a CAMHS Clinical Liaison Specialist employed by an NHS Trust from October 2022 to December 2023, alleged race discrimination, harassment, victimisation and whistleblowing detriments relating to difficult workplace relationships particularly with Ms McKimm. A Dignity at Work investigation was conducted, claimant resigned in September 2023, and respondent referred him to the NMC in November 2023 (the last alleged act). Claimant was off sick with work-related stress from October to November 2023. He submitted a grievance in March 2024 which was rejected in May 2024. He brought his tribunal claim in June 2024, over four months out of time.

Decision

Tribunal refused claimant's application to amend to include rejection of his grievance, finding the amendment significantly out of time and appearing designed to circumvent statutory time limits. Tribunal dismissed the entire claim on jurisdictional grounds, finding it was reasonably practicable for claimant to bring whistleblowing claims in time and not just and equitable to extend time for discrimination claims. Claimant had access to advice, was aware of tribunal option by January 2024, had no medical evidence of incapacity beyond November 2023, and provided no good reason for delay.

Practical note

Where a claimant with access to advice brings claims significantly out of time without medical or other cogent evidence explaining the delay, tribunals will strictly apply time limits and refuse late amendments that appear designed to bring stale claims within jurisdiction.

Legal authorities cited

Wall's Meat Co Ltd v Khan 1979 ICR 52Kumari v Greater Manchester Mental Health NHS Foundation Trust [2022] EAT 132Cocking v Sandhurst (Stationers) Ltd [1974] ICR 650Vaughan v Modality Partnership [2021] ICR 535Abercrombie and others v Aga Rangemaster Ltd [2014] ICR 209Southwark London Borough v Alfolabi [2003] IRLR 220

Statutes

Equality Act 2010 s.123Employment Rights Act 1996 s.48

Case details

Case number
1401571/2024
Decision date
24 June 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
barrister

Employment details

Role
CAMHS Clinical Liaison Specialist
Service
1 years

Claimant representation

Represented
Yes
Rep type
lay rep