Case 2502528/2023 · Employment Tribunal
Mr P Forster v Cumbria, Northumbria, Tyne and Wear NHS Foundation Trust — 2025
- Case reference
- 2502528/2023
- Decision date
- 25 August 2025
- Jurisdiction
- England & Wales
- Venue
- Newcastle
Parties
2 namedClaimant
Mr P Forster
Key findings
Tribunal's reasoningAt this preliminary hearing in public on 1 August 2025, the tribunal considered strike-out issues in a disability discrimination claim brought by Mr P Forster against Cumbria, Northumbria, Tyne and Wear NHS Foundation Trust. It held that the claimant had no reasonable prospect of establishing that the alleged discriminatory acts set out in Draft List of Issues paragraphs 3.1.1 to 3.1.7, covering the period 2013 to 2022, were part of a course of conduct over a period, or that it was just and equitable to extend time in relation to those acts.
Those complaints were therefore struck out under Employment Tribunal Rule 38(1)(a). The respondent's application to strike out the complaint concerning David Muir in March 2023 was refused. The tribunal said that issue would be determined at the final hearing, including whether it formed part of a continuing series of events for limitation purposes or whether it was just and equitable to extend time.
Claims and outcomes
2 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | The tribunal held there was no reasonable prospect of establishing that the alleged discriminatory acts in Draft List of Issues paragraphs 3.1.1 to 3.1.7, said to cover 2013 to 2022, were part of a course of conduct over a period or that it was just and equitable to extend the time limit. Those complaints were struck out under Employment Tribunal Rule 38(1)(a). | Struck out | Disability | — |
| Disability discrimination | The respondent's application to strike out the complaint regarding David Muir in March 2023 was refused. The tribunal said the final hearing would decide whether that complaint formed part of a continuing series of events for time-limit purposes or whether it was just and equitable to extend time. | Other | Disability | — |
Legal tests applied
4 references- Employment Tribunal Rule 38(1)(a)
- course of conduct over a period
- just and equitable to extend the time limit
- continuing series of events
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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