Mr I Pop v St George’s University Hospital NHS Foundation Trust — 2020

Mr I Pop brought claims of race discrimination and holiday pay arising from his employment as a staff nurse from 4 January 2016 to 30 September 2018. The race complaint concerned the Respondent's investigation into a drug error in July 2017, an informal warning issued on 28 August 2017, and the warning being said to be 'hanging over' him. The tribunal treated the complaint as founded only on those 2017 acts; it rejected the argument that the continuing consequences of the warning were themselves a continuing act, and it held that later drug errors in September 2018 were at most further evidence, not fresh acts of discrimination.

Applying section 123 of the Equality Act 2010, the tribunal held that the race discrimination claim was presented substantially out of time. It found no reason to extend time on a just and equitable basis, noting that the claimant accepted he could have brought the complaint in 2017 and had given no reason for the delay. The tribunal therefore dismissed the race discrimination complaint.

On holiday pay, the tribunal recorded that the Respondent had already made substantial payments, including sums of £2,156.40 and £1,826.88, but the claimant had not identified any remaining balance or quantified what he said was still owed. Because he had failed to comply with two tribunal orders to clarify the complaint and had not actively pursued it, the tribunal struck out the holiday pay claim under Rule 37. No tribunal monetary award was made.