Claimant v St George's University Hospitals NHS Foundation Trust
Outcome
Individual claims
The tribunal struck out all claims under Rule 38 because there was no reasonable prospect of the claimant establishing that it was not reasonably practicable to bring her claims within the relevant time limits. The claims were brought out of time and the claimant could not demonstrate an acceptable reason for the delay.
Facts
Ms Oshingbade brought employment claims against St George's University Hospitals NHS Foundation Trust but filed them outside the statutory time limits. At a preliminary hearing, the respondent applied to strike out the claims on the basis that the claimant had no reasonable prospect of establishing it was not reasonably practicable to bring the claims in time.
Decision
Employment Judge Heath struck out all of the claimant's claims under Rule 38 of the Employment Tribunal Rules of Procedure 2024, finding there was no reasonable prospect of the claimant establishing that it was not reasonably practicable to bring her claims within the relevant time limits. The full merits hearing scheduled for November 2025 was vacated.
Practical note
Claimants must be able to demonstrate a valid reason why it was not reasonably practicable to present their claims within statutory time limits, or face strike-out even before a full hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 6010064/2024
- Decision date
- 16 June 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No