Claimant v Nationwide Building Society
Outcome
Individual claims
Withdrawn by the claimant at the hearing. In any event the tribunal found the claim was presented out of time with no reasonable prospect of establishing time should be extended.
Struck out. Claim presented out of time with no prospect of establishing extension of time should be granted. Claimant also not an employee of respondent, employed by TCS, a third-party contractor provider.
Struck out. Claim presented out of time (should have contacted ACAS by 15 August 2023, did not until 12 October). Claimant could not show it was not reasonably practicable to present in time. Also failed to establish he was a worker under s47B ERA 1996.
Struck out for being out of time. All alleged acts occurred more than three months before claim presented. Claimant provided no basis for extending time under just and equitable test. Claim also lacked particularisation of allegations.
Struck out for being out of time. Claimant argued he became disabled due to respondent's treatment (stress, speech problems, high blood pressure), but claim presented late with no medical evidence showing inability to present on time. Claim also provided no detail of disability discrimination allegations.
Claim for 'other payments' struck out for being out of time and lacking any particularisation of what payments were claimed.
Facts
The claimant, a business analyst employed by Tata Consultancy Services (TCS) in India, worked on deputation with Nationwide Building Society from March to May 2023. He alleges he made protected disclosures about data inconsistencies and security issues, following which he was excluded from meetings and his engagement was terminated on 16 May 2023. He became unwell with various medical conditions including suspected stroke, speech problems, and high blood pressure. He did not contact ACAS until 12 October 2023 and filed his claim on 15 November 2023, nearly three months late. He also made a late application for interim relief.
Decision
The tribunal struck out all claims as having no reasonable prospect of success because they were presented out of time and the claimant could not show time should be extended. Medical evidence provided did not demonstrate inability to present the claim on time. The tribunal also found the claimant was not an employee of Nationwide (being employed by TCS), and had not established worker status. The tribunal declined to award costs for the abortive interim relief hearing despite finding the claimant acted unreasonably, noting he was a litigant in person.
Practical note
Even where a claimant is unwell, medical evidence must specifically demonstrate an inability to present a claim on time to succeed in extending time limits; general sick notes listing conditions are insufficient without explanation of functional impact on ability to make a claim.
Legal authorities cited
Statutes
Case details
- Case number
- 2306277/2023
- Decision date
- 3 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- financial services
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Business Analyst
- Service
- 2 months
Claimant representation
- Represented
- No