Mr Nazeem Thomas v HCA International Ltd — 2024

The claimant was employed by HCA International Ltd as a Resident Medical Officer from 14 December 2009 until 16 September 2021. He brought complaints including disability discrimination, unfair dismissal, and holiday and notice pay. At this public preliminary hearing the respondent applied to strike out the work-related Equality Act claims as out of time, while not challenging the Tribunal's ability to hear the dismissal claims.

The Tribunal found that the work claims did not form part of a continuing state of affairs. It accepted that the alleged work events ended well before the in-time date and concluded that the claimant had conflated the decline in his health with matters capable of connecting separate alleged acts.

The Tribunal also decided that it was not just and equitable to extend time. It noted the length of delay, the lack of cogent reasons for the delay, the claimant's awareness of reasonable adjustments issues, and the prejudice to the respondent in having to address older allegations. The Tribunal therefore held that it had no jurisdiction to hear the work claims.