Miss A Nzitonda v Barchester Healthcare Ltd — 2023

The claimant worked for the respondent as a senior nurse from 11 June 2015 until her employment was terminated on 31 August 2018. She had been absent from work due to poor health from 1 June 2016. The respondent accepted that she was disabled at the relevant time, but denied the claims and said she had been dismissed on capability grounds.

The tribunal found that the claims were brought substantially out of time. ACAS early conciliation began on 2 October 2018 and the certificate was issued on 17 October 2018. The claimant had submitted an earlier claim form, but it was rejected because it did not contain the ACAS certificate number. The claim before the tribunal was not received until 13 February 2023, more than four years after the relevant time limits had expired.

For the disability discrimination claims, the tribunal accepted the claimant's evidence about significant mental and physical health difficulties after dismissal, but found that there were periods between 2018 and 2023 when she was able to bring a claim. It concluded that the delay was very significant and would cause significant evidential prejudice, particularly because witness recollection would be important. It was therefore not just and equitable to extend time.

For the unfair dismissal and holiday pay claims, the tribunal found that it was reasonably practicable for the claimant to bring the claims within the applicable time limits because she knew of the limits, had contacted ACAS, and had submitted an earlier claim form before Christmas 2018. The tribunal also stated that, even if it had not been reasonably practicable to present the claims in time, the February 2023 claim was not presented within a reasonable further period. All claims were struck out for lack of jurisdiction.