Claimant v Barts Health NHS Trust
Outcome
Individual claims
Claim struck out on three grounds: claimant failed to comply with tribunal orders made on 11 September 2025 and 17 October 2025; claim was made out of time under s.111 ERA 1996 and it was reasonably practicable to bring claim within time limit so tribunal declined to extend time; tribunal had no jurisdiction to hear claim out of time.
Claim struck out on three grounds: claimant failed to comply with tribunal orders made on 11 September 2025 and 17 October 2025; complaint made outside time limits in s.123 EqA 2010 and tribunal did not consider it just and equitable to extend time; tribunal had no jurisdiction to hear claim out of time.
Claim struck out on three grounds: claimant failed to comply with tribunal orders made on 11 September 2025 and 17 October 2025; complaint made outside time limits in s.123 EqA 2010 and tribunal did not consider it just and equitable to extend time; tribunal had no jurisdiction to hear claim out of time.
Claim struck out on three grounds: claimant failed to comply with tribunal orders made on 11 September 2025 and 17 October 2025; complaint made outside time limits in s.123 EqA 2010 and tribunal did not consider it just and equitable to extend time; tribunal had no jurisdiction to hear claim out of time.
Claim struck out on three grounds: claimant failed to comply with tribunal orders made on 11 September 2025 and 17 October 2025; complaint made outside time limits in s.123 EqA 2010 and tribunal did not consider it just and equitable to extend time; tribunal had no jurisdiction to hear claim out of time.
Facts
Ms Rusinga brought claims against Barts Health NHS Trust for constructive unfair dismissal and discrimination on grounds of sex, race, disability and age. She did not attend the strike-out hearing and was not represented. The tribunal proceeded in her absence under Rule 47. She had failed to comply with tribunal orders made on 11 September 2025 and 17 October 2025.
Decision
The tribunal struck out all claims on three grounds: non-compliance with tribunal orders; constructive unfair dismissal claim was out of time under s.111 ERA 1996 and it was reasonably practicable to bring the claim in time so no extension was granted; discrimination claims were out of time under s.123 EqA 2010 and it was not just and equitable to extend time. All claims were dismissed.
Practical note
Unrepresented claimants must comply with tribunal orders and time limits; failure to attend a hearing or engage with the process can result in strike-out even where multiple discrimination claims are brought.
Legal authorities cited
Statutes
Case details
- Case number
- 6017329/2025
- Decision date
- 15 January 2026
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No