Claimant v Northern Care Alliance NHS Foundation Trust
Outcome
Individual claims
Claim presented 10 weeks out of time. Tribunal refused just and equitable extension because: (1) delay would adversely affect memories regarding undocumented allegations of manager behaviour; (2) extension could open door to historic allegations over years; (3) claimant had not engaged with tribunal's attempts to discuss adjustments to enable participation, making it unlikely she could give necessary evidence to prove claim.
Claim presented 10 weeks out of time. Same reasoning as discrimination claim: balance of disadvantage favoured refusing extension given likely prejudice to respondent's ability to defend allegations of manager behaviour unlikely to have been witnessed or documented, and claimant's apparent inability to participate despite tribunal's efforts to facilitate adjustments.
Claim presented 14 days out of time relating to difference between sick pay and normal contractual pay. Claimant failed to prove it was not reasonably practicable to present claim within time limit. While there were factors making it more difficult for claimant, insufficient evidence to show it was not reasonably feasible to present on time.
Facts
Claimant was a clinical support worker employed by NHS Trust from June 2019 to October 2022 following resignation. She alleged disability discrimination and harassment by one manager involving behaviour unlikely to have been witnessed or documented. She also claimed unauthorised deductions relating to sick pay being lower than normal pay. Claimant notified ACAS in December 2022, received certificate in January 2023, but did not present claim until April 2023, significantly out of time. Claimant did not attend preliminary hearings and did not engage with tribunal's attempts to discuss reasonable adjustments, expressing doubt about ability to proceed.
Decision
Tribunal dismissed all claims for being out of time. The discrimination and harassment claims were 10 weeks late; tribunal refused just and equitable extension because delay would prejudice respondent's ability to defend undocumented allegations and claimant had not engaged with adjustments process making participation unlikely. The wages claim was 14 days late; claimant failed to prove it was not reasonably practicable to present on time.
Practical note
Time limit cases require engagement: a claimant's failure to engage with the tribunal's efforts to facilitate adjustments can be a significant factor against extending time, particularly when the alleged discriminatory conduct is undocumented and would require the claimant's own evidence to establish.
Legal authorities cited
Statutes
Case details
- Case number
- 2404645/2023
- Decision date
- 22 January 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Clinical Support Worker
- Service
- 3 years
Claimant representation
- Represented
- No