Cases3303742/2024

Claimant v West Hertfordshire Teaching Hospitals NHS Trust

11 March 2025Before Employment Judge DanielsWatfordremote video

Outcome

Other

Individual claims

Direct Discrimination(age)not determined

Preliminary hearing determined that the claim was in time because the tribunal found it just and equitable to extend the time limit. The substantive claim has not yet been determined on its merits.

Facts

Mr Ovcina brought an age discrimination claim against West Hertfordshire Teaching Hospitals NHS Trust. The claim was presented outside the normal time limit. The respondent challenged whether the claim was in time. A preliminary hearing was held remotely by video on 4 February 2025 to determine the time limit issue.

Decision

Employment Judge Daniels determined that the age discrimination claim was in time because it was just and equitable to extend the time limit. The claim may proceed to a full hearing on its merits.

Practical note

Tribunals retain discretion to extend time limits for discrimination claims on just and equitable grounds, even where the claim is presented outside the primary limitation period.

Legal authorities cited

Statutes

EqA 2010 s.123(1)(b)

Case details

Case number
3303742/2024
Decision date
11 March 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No