Claimant v University Hospitals of North Midlands NHS Trust
Outcome
Individual claims
The claim was presented outside the statutory time limit and the tribunal determined it was not just and equitable to extend time, resulting in dismissal of the claim.
Facts
Mr Nair brought a claim for race discrimination against University Hospitals of North Midlands NHS Trust. The claim was presented outside the statutory time limit for discrimination claims. A preliminary hearing was held to determine whether the time limit should be extended on just and equitable grounds.
Decision
Employment Judge Kight dismissed the race discrimination claim on the basis it was presented out of time and it was not just and equitable to extend the time limit. This was a jurisdictional issue determined at a preliminary hearing.
Practical note
Time limits in discrimination claims are strictly enforced and claimants must demonstrate compelling reasons for the tribunal to exercise discretion to extend time on just and equitable grounds.
Legal authorities cited
Statutes
Case details
- Case number
- 1308598/2023
- Decision date
- 16 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep