Case 3200845/2021 · Employment Tribunal
Ann Shallow v Barts Health NHS Trust — 2021
- Case reference
- 3200845/2021
- Decision date
- 5 July 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Housego Representation
Parties
2 namedClaimant
Ann Shallow
Respondent
Key findings
Tribunal's reasoningThe tribunal considered whether Ms Shallow's unfair dismissal claim had been presented within time. She was dismissed on 08 February 2019, the three-month time limit expired on 07 May 2019, early conciliation was started on 30 November 2020, and the claim was filed on 05 January 2021.
Ms Shallow relied on diabetes, psychosis, ignorance of the time limit, absence of advice from her representative, and self-isolation during the Covid-19 period. The tribunal accepted that her psychosis was genuine, that the hearing was difficult for her, and that self-isolation and health issues made progress difficult, but found there was insufficient evidence that it was not reasonably practicable for her to present the claim throughout the relevant period.
The tribunal found that Ms Shallow had not shown, on the balance of probabilities, that it was not reasonably practicable to file the claim within the limitation period and until she did file it. It also stated that, even if the first stage had been satisfied, the further period after early conciliation was not reasonable because the claim was not lodged until almost a month after the certificate was issued.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claim was struck out at a preliminary hearing as out of time. The tribunal did not determine the merits of the dismissal. | Struck out | — | — |
Legal tests applied
7 references- Employment Rights Act 1996 s.111
- Employment Rights Act 1996 s.207B
- not reasonably practicable
- Dedman v British Building and Engineering Appliances Ltd
- Paczkowski v Sieradzka
- DHL Supply Chain Ltd v Fazackerley
- North East London NHS Foundation Trust v Zhou
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.