Claimant v NHS Fife

The claim arose from an interview on 12 February 2021 and offer on 3 March 2021 but was not presented until October 2022, a delay of 15 months beyond the time limit. The tribunal found the claimant had access to union advice, online resources, and knowledge of the Equality Act 2010, and was not absent due to stress until May 2022. The tribunal concluded it would not be just and equitable to extend time, finding no cogent explanation for the delay and greater prejudice to the respondent than the claimant.

The claim for arrears of pay relating to ANNP banding shortfall dated back to 2012-2013. The claimant admitted she knew by 2013 she was being underpaid and was aware of the Employment Rights Act 1996 by 1997-1998. The tribunal concluded it was not 'not reasonably practicable' for the claim to have been presented in time, and that presenting the complaint 9 years after the event was not within a reasonable further period.

The respondent argued under s95(2) ERA 1996 that the claimant was dismissed by the employer when her fixed-term contract expired after notice given on 12 April 2022 (extended to 5 June 2022), which she then resigned from on 20 May 2022. The tribunal reserved this issue for determination at the full merits hearing due to complexity around the claimant's rolling fixed-term contracts and the need for oral evidence.

The parties agreed that the issue of holiday pay would be reserved for determination at the full merits hearing.