Dr Williams v Ashford and St Peter's Hospital NHS Foundation Trust — 2024

The tribunal dealt only with limitation. Dr Williams brought claims for harassment related to race, direct race discrimination, direct disability discrimination, discrimination arising from disability, and victimisation. ACAS early conciliation ran from 27 February 2022 to 14 March 2022, and the claim form was presented on 14 April 2022. Applying the three-month time limit in section 123 of the Equality Act 2010, the tribunal treated 28 November 2021 as the relevant cut-off date.

The tribunal found that the allegations largely concerned events in 2020 and early to mid-2021, including occupational health reports, a grievance addendum, an investigation process and mediation or reconciliation sessions. It rejected the suggestion that the January 2022 discovery of a July 2021 enquiry by Ms Rankin to occupational health amounted to conduct extending over a period. Relying on Worcestershire Health and Care NHS Trust v Allen, the tribunal held that linked incidents and later discovery of earlier events were not enough; there had to be continuing discriminatory conduct, which it did not find.

On the just and equitable question, the tribunal said Dr Williams gave no credible explanation for waiting until April 2022 to present the claim. It noted that he was a doctor and had been represented throughout by the General Secretary of the Equal Justice Union. Although the evidence referred to a diagnosis of bipolar affective disorder, the tribunal noted that this was not put forward in evidence as the reason for delay. Having weighed the prejudice to both sides, including the age of the events and the impact on the NHS Trust, the tribunal declined to extend time under section 123(1)(b) and struck out all claims.