Mr T Mahenga v Chelsea and Westminster Hospital NHS Foundation Trust — 2022

This was a preliminary hearing before Employment Judge Norris sitting alone by CVP on 1 August 2022. The tribunal dealt with the claimant's direct race discrimination complaints, unfair dismissal claim, and breach of contract claim.

The tribunal struck out the race discrimination complaints about the variation of the claimant's employment contract and the alleged failure to investigate his grievance. It held those complaints were presented out of time and that it would not be just and equitable to extend time.

Two further direct race discrimination complaints, concerning an alleged failure to investigate a complaint against Mr N Wright and the creation of a redundancy situation, were said to form part of a continuing act ending within time. The tribunal made no finding on whether the events complained of occurred or whether those complaints were in fact in time, and those complaints were allowed to proceed.

The unfair dismissal claim was struck out because the tribunal held it was not presented within three months beginning with the effective date of termination under section 111(2)(a) Employment Rights Act 1996, so the tribunal lacked jurisdiction. The breach of contract claim concerning alleged contractual enhanced redundancy pay was also struck out because the entitlement did not arise and was not outstanding on termination, leaving no jurisdiction under Article 3 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994.