Claimant v Methodist Homes
Outcome
Individual claims
The claimant withdrew her disability discrimination complaint and the tribunal dismissed it upon withdrawal.
The whistleblowing detriment complaint was brought outside the applicable time limits and the tribunal found it was not reasonably practicable for the claim to have been presented in time. The tribunal had no jurisdiction and struck out the claim.
The automatic unfair dismissal complaint was brought outside the applicable time limits and the tribunal found it was not reasonably practicable for the claim to have been presented in time. The tribunal had no jurisdiction and struck out the claim.
Claims of direct race discrimination relating to the respondent's referral of the claimant to the NMC and/or DBS were allowed to proceed as the tribunal determined it was just and equitable to extend time. All other direct race discrimination complaints were struck out as out of time.
Claims of race-related harassment relating to the respondent's referral of the claimant to the NMC and/or DBS were allowed to proceed as the tribunal determined it was just and equitable to extend time. All other harassment complaints were struck out as out of time.
Claims of victimisation relating to the respondent's referral of the claimant to the NMC and/or DBS were allowed to proceed as the tribunal determined it was just and equitable to extend time. All other victimisation complaints were struck out as out of time.
Facts
Ms Sakwe, represented by a lay representative, brought claims of disability discrimination, whistleblowing detriment, automatic unfair dismissal, and race discrimination (direct discrimination, harassment and victimisation) against Methodist Homes. The respondent raised preliminary issues regarding time limits for the claims. Ms Sakwe is believed to have been referred to the NMC (Nursing and Midwifery Council) and/or DBS (Disclosure and Barring Service) by the respondent.
Decision
The tribunal dismissed the disability discrimination claim upon withdrawal. The whistleblowing and automatic unfair dismissal claims were struck out as they were out of time and it was not reasonably practicable to have presented them in time. Most of the race discrimination claims were also struck out as out of time, but the tribunal exercised its discretion under the just and equitable test to allow claims relating to the NMC and/or DBS referral to proceed to a full hearing.
Practical note
Claimants must be vigilant about time limits, as tribunals will strictly enforce them and will only extend time for discrimination claims where it is just and equitable to do so, considering all relevant circumstances.
Legal authorities cited
Case details
- Case number
- 6001326/2024
- Decision date
- 30 August 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Methodist Homes
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep