Cases2409845/2022

Claimant v Bolton NHS Foundation Trust

6 February 2025Before Employment Judge DunlopManchester

Outcome

Claimant fails

Individual claims

Failure to Make Reasonable Adjustments(disability)struck out

The tribunal found it had no jurisdiction to hear this complaint insofar as it related to the period March 2018 to July 2019 as it was out of time, and it was not just and equitable to extend the time limit.

Failure to Make Reasonable Adjustments(disability)failed

The tribunal determined that the remaining complaints of failure to make reasonable adjustments (relating to the period after July 2019) were not well-founded and dismissed them.

Harassment(disability)failed

The tribunal found that the claimant's complaints of harassment related to disability were not well-founded and dismissed the claims.

Facts

Miss Harwood brought disability discrimination claims against Bolton NHS Foundation Trust relating to alleged failures to make reasonable adjustments spanning from March 2018 onwards, and harassment related to disability. The case proceeded to a 9-day full merits hearing in January-February 2025 with the claimant representing herself against counsel for the NHS Trust.

Decision

The tribunal found it had no jurisdiction to hear the reasonable adjustments claims for the period March 2018 to July 2019 as they were out of time and it was not just and equitable to extend time. The remaining reasonable adjustments claims and all harassment claims were not well-founded and were dismissed.

Practical note

A self-represented claimant bringing disability discrimination claims against an NHS trust was unsuccessful on all claims, with early claims struck out for being out of time and later claims dismissed on their merits after a full hearing.

Legal authorities cited

Statutes

Equality Act 2010

Case details

Case number
2409845/2022
Decision date
6 February 2025
Hearing type
full merits
Hearing days
9
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No