Claimant v Bedfordshire Hospital NHS Foundation Trust
Outcome
Individual claims
The complaint of direct race discrimination was presented outside the statutory time limit under s.123 Equality Act 2010. The tribunal exercised its discretion and determined it was not just and equitable to extend time, resulting in dismissal of this claim.
The tribunal determined that the claimant was disabled within the meaning of s.6 Equality Act 2010 from 28 December 2022 by reason of depression and anxiety. The substantive disability discrimination complaints will proceed to a full hearing.
Facts
Ms Belle, an unrepresented claimant, brought claims of race discrimination and disability discrimination against Bedfordshire Hospital NHS Foundation Trust. At a preliminary hearing held remotely, the tribunal considered issues of disability status and time limits. The claimant suffered from depression and anxiety from 28 December 2022.
Decision
The tribunal found that the claimant was disabled by reason of depression and anxiety from 28 December 2022. However, her direct race discrimination claim was dismissed as it was presented out of time and the tribunal declined to extend time on just and equitable grounds. The remaining disability discrimination claims will proceed to a full hearing.
Practical note
Even where a claimant succeeds on establishing disability status, strict time limits for discrimination claims will be enforced unless there are compelling just and equitable reasons to extend time.
Legal authorities cited
Statutes
Case details
- Case number
- 3307513/2023
- Decision date
- 13 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No