Claimant v Sheffield Teaching Hospitals NHS Foundation Trust
Outcome
Individual claims
This was a preliminary hearing on time limit issues only. The tribunal determined the claim was in time following extension, but did not determine the substantive merits of the multiple age discrimination allegations (11 complaints listed, last dated 5 April 2024 or 3 May 2024).
Facts
The claimant worked as a complaints co-ordinator for an NHS Trust from April 2012 until she resigned on 3 May 2024. She alleges 11 acts of age discrimination, the last occurring around 5 April 2024 or upon resignation. Before resigning, she requested an exit interview in March 2024 to raise concerns about her treatment. She was offered and accepted an investigation under the Acceptable Behaviour at Work Policy, which commenced after her departure and concluded with a report on 29 August 2024 that did not uphold her complaints. She filed her ET claim on 7 October 2024, over two months late.
Decision
The tribunal extended the time limit on just and equitable grounds to 3 August 2024, allowing the claim to proceed. The tribunal considered the claimant's ignorance of time limits (despite being an Institute of Personnel Management graduate), the lack of prejudice to the respondent, and particularly the delay caused by awaiting the internal investigation which straddled the post-employment period. The tribunal found section 108 Equality Act would also apply to any post-employment discrimination closely connected to the employment relationship.
Practical note
Tribunals may extend time on just and equitable grounds where delay is caused by awaiting completion of internal procedures that straddle the employment relationship, particularly where the claimant is unrepresented and unaware of strict time limits, provided the respondent is not prejudiced.
Legal authorities cited
Statutes
Case details
- Case number
- 6014163/2024
- Decision date
- 14 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- complaints co-ordinator
- Service
- 12 years
Claimant representation
- Represented
- No