Cases2502297/2023

Claimant v Nurtured Health & Home Care Ltd

23 May 2025Before Employment Judge HeatherNewcastlein person

Outcome

Claimant fails

Individual claims

Direct Discrimination(religion)withdrawn

The claimant withdrew the complaint of discrimination based on religion or belief. The tribunal dismissed it upon withdrawal.

Unfair Dismissalstruck out

The tribunal found the claim was not presented within the applicable time limit and that it was reasonably practicable for the claimant to have presented it in time. The claim was therefore dismissed.

Automatic Unfair Dismissalstruck out

The tribunal found this whistleblowing-related automatic unfair dismissal claim was not presented within the applicable time limit and that it was reasonably practicable for the claimant to have presented it in time. The claim was therefore dismissed.

Detrimentstruck out

The tribunal found this protected disclosure detriment (whistleblowing) claim was not presented within the applicable time limit and that it was reasonably practicable for the claimant to have presented it in time. The claim was therefore dismissed.

Facts

Mr Mahmood brought claims of unfair dismissal, automatically unfair dismissal relating to whistleblowing, protected disclosure detriment, and discrimination on grounds of religion or belief against his former employer, a health and home care company. The claimant appeared in person with an Urdu interpreter. At a preliminary hearing, the claimant withdrew his religion discrimination claim.

Decision

The tribunal dismissed the religion discrimination claim upon withdrawal. The tribunal found that the unfair dismissal and whistleblowing-related claims were presented outside the applicable time limits and that it was reasonably practicable for the claimant to have presented them in time. All claims were therefore dismissed.

Practical note

A self-represented claimant's whistleblowing and unfair dismissal claims were dismissed at a preliminary hearing because they were out of time and the tribunal found no basis to extend time as it was reasonably practicable to have filed in time.

Case details

Case number
2502297/2023
Decision date
23 May 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No