Claimant v Hull University Teaching Hospitals NHS Trust

Claims brought over 7 months out of time. Tribunal found it was not just and equitable to extend time because the substantial passage of time combined with absence of contemporaneous records had a severe impact on cogency of evidence, substantially prejudicing the respondent. Claimant had contemplated proceedings much earlier and was not prevented by mental health from seeking advice.

Claims brought over 7 months out of time. Tribunal found it was not just and equitable to extend time for same reasons as race harassment claim: severe impact on cogency of evidence from delay, vagueness of claimant's evidence, lack of contemporaneous records, and claimant had contemplated proceedings much earlier.

Claimant dismissed because of sickness absence arising from her fibromyalgia. Tribunal found the dismissal was not a proportionate means of achieving the respondent's legitimate aims because claimant had been inadequately supported through redeployment process and could have remained on redeployment register for the three months notice period she was paid in lieu for, with no obvious detriment to respondent.

Succeeded in respect of PCP requiring claimant to work in larger wards. Tribunal found combination of larger/busier wards and longer shifts put claimant at substantial disadvantage due to her fibromyalgia. Respondent failed to provide proper HR/managerial support through redeployment process as required by its own policy and should have extended redeployment period. Failed in respect of PCP requiring claimant to work in environment of conflict with Michelle France, as this did not have characteristic of repetition required for a PCP and respondent took quick steps to resolve by moving claimant from Ward 10.