Claimant v University Hospitals of North Midlands NHS Trust

All harassment allegations occurred before 3 January 2023 and were therefore out of time. Tribunal found it was not just and equitable to extend time. Claimant knew of ACAS and tribunal process from February 2022 but delayed bringing claims without cogent reasons. Tribunal also found on merits that claims would have failed: line manager's actions (rostering, cancelling meetings, calling to check dosing, alleged comment) were legitimate management actions not related to disability and did not have the statutory purpose or effect.

All alleged failures crystallised before 3 January 2023 and were out of time. Tribunal found it was not just and equitable to extend time. On the merits, tribunal found three PCPs existed (rostering to lone work at outreach clinics, requirement to pick up equipment at different sites, desk-based work with DSE) but none put claimant at substantial disadvantage. Single shift at Knutsford requiring additional 11 miles driving did not cause substantial disadvantage beyond her normal 22.6 mile daily commute. No evidence employer knew driving aggravated back condition. Claimant's complaint about office chairs rejected as not raised contemporaneously.

Claim brought out of time (EDT 30 December 2022, claim filed 14 May 2023). Tribunal found it was reasonably practicable to bring claim in time as claimant gave notice almost two months before termination and had nearly five months to seek advice. On merits, tribunal found no repudiatory breach. Claimant's resignation letter gave no indication of unhappiness and she worked full 8-week notice period, inconsistent with belief that trust and confidence had been destroyed. Respondent took active steps to support claimant's return to work and mend relationship with line manager following earlier grievance. Core issue was claimant's resistance to contractual requirement to work at multiple locations.