Miss N Stewart v Northern Care Alliance NHS Foundation Trust — 2023

The tribunal determined preliminary jurisdiction issues only. It assumed in the claimant's favour that the alleged discrimination and harassment formed conduct extending over a period, but found that the period could have ended no later than the end of employment on 1 October 2022. After allowing for the ACAS early conciliation extension, the tribunal found the latest date for presenting those complaints was 11 February 2023, whereas the claim was presented on 24 April 2023.

The tribunal considered whether it was just and equitable to extend time for the discrimination and harassment complaints. It accepted that the claimant's circumstances were likely to have made it more difficult for her to present the claim, but concluded that an extension would disadvantage the respondent because the allegations depended heavily on recollection, were unlikely to have been documented, and might require consideration of events over a long period. The tribunal also noted that, on the evidence available, the claimant had not engaged with opportunities to discuss adjustments that might have enabled her to give the evidence needed to prove the claim.

As to unauthorised deduction from wages, the tribunal treated the complaint, if made at all, as relating to sick pay paid at a lower rate than normal pay. It concluded that the complaint was also out of time and that the claimant had not shown it was not reasonably practicable to present it within the statutory period. The tribunal therefore held that it had no jurisdiction to consider any of the complaints and dismissed the claim.