Claimant v Barking, Havering and Redbridge University Hospitals NHS Trust
Outcome
Individual claims
Tribunal found last discriminatory act was 6 April 2023, before primary limitation period starting 25 May 2023. Claimant gave inadequate reasons for delay (informal conflict resolution, wanting to maintain good relations). Claims had weak merits based on contemporary documentation. Not just and equitable to extend time given forensic prejudice to publicly funded respondent and ten-day hearing already listed.
Six separate allegations relating to not being placed on on-call rota and handling of patient complaint. All allegations pre-dated 25 May 2023. Tribunal found claims weak on merits as contemporaneous documentation showed decisions based on competency concerns and standard protocols, not race. Not just and equitable to extend time.
Two claims: non-payment of one day's pay in May 2023 and 'Agenda for Change' payment arrears. Respondent produced pay slips showing both payments had been made (29 May 2023 pay slip for the day's pay, 27 September 2023 pay slip detailing arrears breakdown). Claimant did not challenge calculations when given opportunity. Claims struck out as having no reasonable prospect of success.
Facts
Claimant, a Nigerian national, was employed as a Clinical Fellow in Neurosurgery on a one-year fixed-term contract from 29 May 2022 to 29 May 2023. He alleged race discrimination relating to not being placed on the on-call rota during his employment and the handling of a patient complaint in August 2022. He also claimed unlawful deduction of wages for one day's pay and 'Agenda for Change' arrears. The Respondent maintained the claimant was kept off the rota due to competency concerns and that all wages had been paid.
Decision
The tribunal struck out all race discrimination claims as out of time, finding the last discriminatory act was 6 April 2023 and it was not just and equitable to extend time. The claimant gave inadequate reasons for delay, the claims were weak on merits based on contemporary documentation, and there was forensic prejudice to the publicly funded respondent. The wages claims were struck out as having no reasonable prospect of success as the respondent provided pay slip evidence showing all payments had been made.
Practical note
A claimant's failure to provide adequate reasons for delay in bringing discrimination claims, combined with weak merits and forensic prejudice to a publicly funded respondent, will result in refusal of just and equitable extension even where claims are only months out of time.
Legal authorities cited
Statutes
Case details
- Case number
- 3201915/2023
- Decision date
- 22 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Clinical Fellow in Neurosurgery
- Service
- 1 years
Claimant representation
- Represented
- No