Claimant v University Hospitals Bristol and Weston NHS Foundation Trust — 2023

The claimant brought duplicate claims under case numbers 1404827/2020 and 1404937/2020 arising from shift cancellations on 21 April 2020 and a later decision on 28 April 2020 not to offer further shifts. The preliminary hearing on 11 August 2021 dealt with limitation and, if necessary, extension of time. The tribunal noted the respondent's case that the claimant was supplied by RMR Recruitment as an agency worker, while the claimant said she was an employee of the respondent.

Both unfair dismissal claims were dismissed as out of time. The tribunal held that the claimant could not rely on the second ACAS early conciliation certificate to extend the limitation period, referring to HMRC v Serra Garrau. It found that, although the claimant misunderstood the effect of obtaining a second certificate, she had not shown that it was not reasonably practicable to present the unfair dismissal claim in time. On that basis, the unfair dismissal claims in both case numbers were dismissed.

The age discrimination claim in 1404937/2020 was also dismissed as out of time. The tribunal said the pleaded facts appeared to concern disability rather than age, and that there was no seriously arguable basis for age discrimination, so it was not just and equitable to extend time for that claim. By contrast, the tribunal extended time for the disability discrimination claims because the delay was short, the basis of the claims was clear, and there was little prejudice to the respondent. The tribunal did not decide the merits of the disability claims at this hearing; it instead gave directions identifying possible claims under sections 20, 15 and 13 Equality Act 2010 and allowed the respondent's late ET3 response.