Mr I C Ofoha v North Cumbria Integrated Care NHS Foundation Trust HELD AT: Manchester — 2024

The claimant was employed by the respondent as a radiologist from 16 November 2020 until 12 April 2021, when his employment was terminated on grounds of capability. He presented claims on 1 May 2024 for unfair dismissal, other payments and race discrimination.

The tribunal dismissed the unfair dismissal claim because the claimant did not have two years' service. It dismissed the unlawful deduction of wages / other payments claim because it found that it was reasonably practicable for the claim to have been brought within the required time period and it was not brought in time.

For the race discrimination claim, the tribunal found that the claim was presented outside the applicable time limit. It found that the claimant's health did not prevent him from acting promptly, that he had made conscious decisions to prioritise other matters, and that the delay prejudiced the respondent's ability to investigate and gather evidence. The tribunal concluded it was not just and equitable to extend time, so the claim was dismissed.