Claimant v Blackpool Teaching Hospitals NHS Foundation Trust
Outcome
Individual claims
The claim was not presented within the applicable time limit and it was reasonably practicable to do so. The tribunal therefore does not have jurisdiction to hear the claim.
One complaint regarding failure to make reasonable adjustments following a March 2023 report (until late 2023) concerning work on furthest wards or reception was not presented in time and it was not just and equitable to extend the time limit.
Other complaints of breach of the duty to make reasonable adjustments were out of time but the tribunal found it just and equitable to extend the time limit, so these complaints will proceed to a full hearing.
The complaint of discrimination arising from disability was out of time but the tribunal found it just and equitable to extend the time limit, so this complaint will proceed to a full hearing.
Facts
Mrs Hodgkiss worked for Blackpool Teaching Hospitals NHS Foundation Trust and brought claims of unfair dismissal and disability discrimination including failures to make reasonable adjustments. A report in March 2023 appears to have been relevant to the reasonable adjustments relating to not requiring the claimant to work on the furthest wards or on reception until late 2023.
Decision
This was a preliminary hearing on time limits. The tribunal dismissed the unfair dismissal claim as out of time with no extension. One reasonable adjustments complaint (March 2023 to late 2023 period) was also dismissed as out of time. Other disability discrimination claims were allowed to proceed as the tribunal exercised discretion to extend time on just and equitable grounds.
Practical note
Tribunals apply different tests for extending time in unfair dismissal cases (reasonably practicable) versus discrimination cases (just and equitable), with the latter offering broader judicial discretion.
Legal authorities cited
Case details
- Case number
- 2404615/2024
- Decision date
- 14 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- Yes
- Rep type
- lay rep