Case 2500584/2020 · Employment Tribunal
Dr S A Joseph v Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust PUBLIC PRELIMINARY HEARING Heard — 2020
- Case reference
- 2500584/2020
- Decision date
- 26 August 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Sweeney Appearances
Parties
2 namedClaimant
Dr S A Joseph
Key findings
Tribunal's reasoningThis was a public preliminary hearing before Employment Judge Sweeney on 26 August 2020 in the case of Dr S A Joseph v Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust. The Tribunal dealt with limitation issues only and gave oral reasons at the hearing. It found that the claimant's unfair dismissal complaint under section 111 Employment Rights Act 1996 had not been presented within three months beginning with the effective date of termination.
The Tribunal also found that the claimant's detriment complaint under section 48 Employment Rights Act 1996 had not been presented within three months beginning with the date of the act or failure complained of. In both instances, the Tribunal was not satisfied that it had not been reasonably practicable for the complaints to be presented within the relevant time limits.
As a result, the proceedings were dismissed. The Tribunal did not determine the merits of either claim, and no monetary award was made.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The complaint under section 111 Employment Rights Act 1996 was held not to have been presented within the three-month time limit, and the Tribunal was not satisfied that it was not reasonably practicable to present it in time. | Dismissed | — | — |
| Whistleblowing | The detriment complaint under section 48 Employment Rights Act 1996 was held not to have been presented within the three-month time limit, and the Tribunal was not satisfied that it was not reasonably practicable to present it in time. | Dismissed | — | — |
Legal tests applied
3 references- section 111 Employment Rights Act 1996 time limit
- not reasonably practicable
- section 48 Employment Rights Act 1996 time limit
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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