Claimant v Mersey and West Lancashire Teaching Hospitals NHS Trust
Outcome
Individual claims
The tribunal determined that the claimant failed to establish that she was subjected to less favourable treatment because of her sex. The complaint was not well-founded and dismissed.
The tribunal found that the claimant did not prove she was subjected to unfavourable treatment because of pregnancy or maternity. The complaint was not well-founded and dismissed.
The tribunal concluded that the claimant was not entitled to payment for travel time between 30 October 2013 and 31 October 2017. The breach of contract claim was not well-founded and dismissed.
Facts
Miss McCloskey, a self-represented claimant, brought claims against Mersey & West Lancashire Teaching Hospitals NHS Trust alleging direct sex discrimination, maternity discrimination, and breach of contract relating to payment for travel time between October 2013 and October 2017. The claims were initially out of time but the tribunal allowed them to proceed on just and equitable grounds. The case was heard over nine days in January 2025.
Decision
The tribunal dismissed all three claims. The tribunal found that the claimant had not established less favourable treatment because of sex, had not proven unfavourable treatment because of pregnancy or maternity, and was not entitled to contractual payment for travel time. Despite the time limit extension, all substantive claims failed on their merits.
Practical note
A self-represented claimant in a discrimination case against an NHS Trust represented by King's Counsel faced significant disadvantage and failed to establish the burden of proof on sex and maternity discrimination claims, highlighting the evidential challenges unrepresented litigants face.
Case details
- Case number
- 2414204/2019
- Decision date
- 17 January 2025
- Hearing type
- full merits
- Hearing days
- 9
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No