Claimant v Chelsea and Westminster Hospital NHS Foundation Trust
Outcome
Individual claims
Claim struck out as having no reasonable prospect of success on time limit grounds. Claim was over 5 years out of time. The new evidence about a witness not being a registered paramedic did not relate to the race discrimination complaint about failure to interview a Somalian health care assistant. Tribunal found no reasonable prospect of establishing it was just and equitable to extend time for over 5 years.
Claim struck out as having no reasonable prospect of success on time limit grounds. Claim was over 5 years out of time. The new evidence about a witness not being a registered paramedic did not relate to the age discrimination complaint about inadequate rest breaks. Tribunal found no reasonable prospect of establishing it was just and equitable to extend time for over 5 years given the significant delay and prejudice to respondents.
Claim struck out as having no reasonable prospect of success on time limit grounds. Claim was over 5 years out of time. Although claimant relied on new evidence that a witness was not a registered paramedic, tribunal found this did not make it reasonable for claimant to believe she had grounds for unfair dismissal, as this did not show all the witness's testimony was untruthful and there was another eyewitness. No reasonable prospect of establishing it was not reasonably practicable to present claim in time.
Claim struck out as having no reasonable prospect of success on time limit grounds. Claim was over 5 years out of time. The new evidence relating to a witness not being a paramedic was not relevant to the whistleblowing complaints about threats, patient status recording, and lack of supervision. No reasonable prospect of establishing it was not reasonably practicable to present claim in time.
Claim struck out as having no reasonable prospect of success on time limit grounds. Claim was over 5 years out of time. The new evidence was not relevant to breach of contract complaints about adequate breaks, investigation, and appeal process. No reasonable prospect of establishing it was not reasonably practicable to present claim in time.
Claim struck out as having no reasonable prospect of success on time limit grounds. Claim was over 5 years out of time. The new evidence was not relevant to wrongful dismissal complaint about failure to give notice. No reasonable prospect of establishing it was not reasonably practicable to present claim in time.
Facts
The claimant was a nurse who worked a shift on 8 June 2019 for an NHS Trust via a staffbank arrangement. Following allegations about her care of a patient, she was investigated and removed from the bank register in August 2019. Over five years later, in September 2024, she discovered that a witness to the incident, who had claimed to be a registered paramedic, was not in fact registered. She brought claims of race discrimination, age discrimination, unfair dismissal, whistleblowing, breach of contract and wrongful dismissal in December 2024. The respondent applied to strike out all claims on the basis they were substantially out of time.
Decision
The tribunal struck out all claims under Rule 38(1)(a) as having no reasonable prospect of success. The claims were over 5 years out of time. The tribunal found the claimant had no reasonable prospect of establishing it was not reasonably practicable (for unfair dismissal and whistleblowing) or just and equitable (for discrimination) to extend time. The new evidence about the witness not being a registered paramedic did not explain the delay or make it reasonable for the claimant to believe she had viable claims, particularly as it did not undermine all witness testimony and there was another eyewitness.
Practical note
Even compelling new evidence discovered years after events will not justify extending time limits if it does not directly address the basis of the claims brought or explain the entire delay, particularly where claims are over 5 years out of time.
Legal authorities cited
Statutes
Case details
- Case number
- 2227184/2024
- Decision date
- 8 June 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Nurse
Claimant representation
- Represented
- Yes
- Rep type
- lay rep