Mr D Nair v University Hospitals of North Midlands NHS Trust — 2025

The claimant presented a race discrimination claim on 8 December 2023. The tribunal recorded that the alleged acts or failures to act occurred while the claimant was attending work between 3 March 2021 and 21 July 2021, so the primary limitation period expired on 20 October 2021 and ACAS early conciliation in July 2023 did not extend time.

The tribunal accepted that the claimant's physical health and hospital admission were a significant hindrance during the primary limitation period. It was not satisfied, in the absence of clear supporting medical evidence, that his physical or mental health throughout 2022 and most of 2023 explained why the claim was not presented until December 2023, particularly after Mrs Reeya had raised concerns with the respondent and contacted ACAS.

The tribunal considered the balance of prejudice, including the delay, likely fading memories, absence of full particulars, limited contemporaneous documentation, and difficulty contacting at least one alleged perpetrator. It concluded that it was not just and equitable to extend time, that it had no jurisdiction to hear the claim, and dismissed it.