Miss Rehana Patel v East Lancashire Hospitals NHS Trust — 2021

The tribunal heard a preliminary time-limit issue only. Miss Patel’s employment ended on 30 January 2019, but her tribunal claim was not presented until 25 July 2020. The tribunal therefore considered whether to extend time for the unfair dismissal claim under the "reasonably practicable" test and for the Equality Act claims on a "just and equitable" basis.

The tribunal accepted that Miss Patel had ongoing mental health difficulties, depression, anxiety and chronic pain after her employment ended, but found that the later psychiatric report overstated the extent of her incapacity during 2019 and the first half of 2020. It found she had difficulty motivating herself and that her health problems contributed to delay, but not to the extent that she was unable to bring a claim for the whole period. The tribunal also found she had no intention of bringing proceedings until counselling in late 2019 prompted her to seek "closure", and that she then pursued the matter without urgency.

In relation to the Equality Act claims, the tribunal distinguished between earlier reasonable-adjustment complaints, which appeared relatively coherent and documented, and later bullying-related allegations, which would depend more heavily on recollection and would cause greater prejudice to the respondent if allowed to proceed after substantial delay. Taking the matter overall, it held that extension of time was not just and equitable. Applying the stricter unfair dismissal test, it also held that it had been reasonably practicable for Miss Patel to present that claim in time, so the tribunal had no jurisdiction and dismissed all claims.