Cases1308584/2023

Claimant v University Hospitals Birmingham NHS Foundation Trust

22 April 2025Before Employment Judge GaskellBirminghamin person

Outcome

Claimant fails

Individual claims

Direct Discrimination(sex)struck out

Claim dismissed for want of jurisdiction due to being out of time. The alleged act (manager saying 'it's a woman thing what do you want me to do?') occurred before June 2020 when the manager left employment. Tribunal found it was not just and equitable to extend time as claimant had access to CAB, trade union advice from July 2020, and was able to make repeated complaints to CEO despite sickness absence.

Discrimination Arising from Disability (s.15)(disability)struck out

Claims dismissed for want of jurisdiction due to being out of time. Two acts complained of: removal of additional hours in October 2020, and failure to provide support with grievance initiated June 2022. Most recent act was May 2022. Tribunal found no just and equitable basis to extend time given claimant had access to advice from multiple sources and was not so unwell she could not present a claim earlier.

Unlawful Deduction from Wagesstruck out

Claim dismissed for want of jurisdiction under s.23(2) ERA 1996. Related to removal of additional hours in October 2020 and alleged failures in sick pay during sickness absences (January-November 2021 and June 2022-January 2024). Tribunal found it was reasonably practicable for claimant to present claim earlier given she contacted CAB, met with trade union, and pursued complaints, therefore the stricter 'reasonably practicable' test was not satisfied.

Facts

Mrs Kiani, a Bilingual Interpreter employed since 2010 by an NHS Trust, brought claims for sex and disability discrimination and unlawful deduction of wages. The alleged acts spanned from 2012 to May 2022, including a sexist comment by her manager (pre-June 2020), removal of additional hours (October 2020), and failure to support her grievance (June 2022). She was on long-term sick leave from January-November 2021 and June 2022-January 2024. She notified ACAS on 26 September 2023 and filed her claim on 6 December 2023. She had contacted CAB before April 2022 and joined a trade union in July 2020.

Decision

The tribunal dismissed all claims for want of jurisdiction as they were presented outside the statutory time limits. The tribunal found it was not just and equitable to extend time for the discrimination claims, noting the claimant had access to CAB, trade union support, and was well enough to pursue internal complaints despite her sickness. The stricter 'reasonably practicable' test for the wages claim was not satisfied for the same reasons.

Practical note

Even significant periods of sickness absence will not automatically justify extending time limits if the claimant was demonstrably able to access advice and pursue other forms of complaint during that period.

Legal authorities cited

Statutes

Equality Act 2010 s.123(1)Employment Rights Act 1996 s.23(2)Employment Rights Act 1996 s.23(4)

Case details

Case number
1308584/2023
Decision date
22 April 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
barrister

Employment details

Role
Bilingual Interpreter
Service
14 years

Claimant representation

Represented
No