Claimant v Sandwell & West Birmingham NHS Hospitals Trust
Outcome
Individual claims
Claim was presented out of time. The tribunal found it was reasonably practicable for the claim to be presented within the statutory time limit, therefore the tribunal had no jurisdiction to hear the claim.
Claim was presented out of time. The tribunal considered the just and equitable test but concluded that the claim was not brought within such period as the tribunal considers just and equitable, therefore the tribunal had no jurisdiction to hear the claim.
Facts
Ms Palmer brought claims of unfair dismissal and discrimination arising from disability against the NHS Trust. Both claims were presented outside the statutory time limits. This preliminary hearing was held to determine whether the tribunal had jurisdiction to hear the claims.
Decision
The tribunal dismissed both claims on jurisdictional grounds. For unfair dismissal, the tribunal found it was reasonably practicable for the claim to have been presented in time. For the disability discrimination claim, the tribunal declined to extend time on just and equitable grounds.
Practical note
Claimants must ensure strict compliance with time limits; the tribunal applies a stricter 'reasonably practicable' test for unfair dismissal and has broad discretion under the 'just and equitable' test for discrimination claims.
Legal authorities cited
Case details
- Case number
- 1304176/2024
- Decision date
- 7 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister