Claimant v Mersey Care NHS Foundation Trust
Outcome
Individual claims
The claim was presented out of time and the tribunal did not consider it just and equitable to extend time. Additionally, the tribunal considered the complaint had no reasonable prospects of success.
The claim was presented out of time and the tribunal did not consider it just and equitable to extend time. Additionally, the tribunal considered the complaint had no reasonable prospects of success.
The claim was presented out of time in circumstances where the tribunal considered it was reasonably practicable for the complaint to be presented in time. Additionally, the tribunal considered the complaint had no reasonable prospects of success.
The claim was presented out of time in circumstances where the tribunal considered it was reasonably practicable for the complaint to be presented in time. Additionally, the tribunal considered the complaint had no reasonable prospects of success.
Facts
The claimant, J Luby, brought two separate claims against Mersey Care NHS Foundation Trust. Claim 2402693/2024 included complaints of race discrimination and victimisation. Claim 2406665/2024 included complaints of whistleblowing and unlawful deduction of wages as well as discrimination complaints. The respondent applied to strike out both claims at a preliminary hearing.
Decision
The tribunal struck out both claims. All complaints were found to have no reasonable prospects of success. The claims were also presented out of time, and the tribunal declined to extend time either because it was reasonably practicable to present in time (for whistleblowing and wages) or because it was not just and equitable to do so (for discrimination complaints).
Practical note
An unrepresented claimant's claims were struck out both for having no reasonable prospects of success and for being out of time, with the tribunal declining to exercise its discretion to extend time limits.
Case details
- Case number
- 2402693/2024
- Decision date
- 4 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No