Ms Josephine Martin v Prestige Nursing & Care Limited — 2023

This was a preliminary issue hearing before Employment Judge E Fowell, held by video at Croydon on 18 July 2023. The tribunal first held that Ms Josephine Martin had never been an employee of Prestige Nursing & Care Limited, and for that reason the claims of unfair dismissal and automatically unfair dismissal were dismissed.

The tribunal then considered the claim based on making a protected disclosure. It accepted that the complaint had been made outside the normal time limit, but found that the acts or failures complained of were part of a series ending on 20 November 2020. On that basis, and taking account of the claimant's lack of awareness of the applicable time limits until after her resignation on 26 July 2021, the tribunal held that it was not reasonably practicable for the claim to have been presented in time and that it had been brought within a further reasonable period.

The tribunal also dealt with the victimisation claim on a limitation basis. It held that, on the claimant's case taken at its highest, the alleged acts amounted to conduct continuing over a period ending on 20 November 2020 and that it was just and equitable to extend time. The tribunal said it had not been possible in the time available to determine finally whether there was such a series of acts or whether the conduct extended over a period, and noted that it could revisit that issue at the final hearing if necessary. The detriment and victimisation claims were listed to proceed to a hearing on 18 December 2023.