Ms A Webber v Barking, Havering and Redbridge University Hospitals NHS Trust — 2024

This was a reserved judgment following an open preliminary hearing on limitation, continuing act, strike out and deposit issues. The tribunal held that the constructive unfair dismissal complaint had been presented within time and had reasonable prospects of success. It did not strike out the claim and made no deposit order.

The tribunal held that the complaints of disability discrimination, race discrimination, harassment, detriment for making public interest disclosures and victimisation were arguably linked as part of a continuing act and could proceed. In reaching that view, it noted that the allegations largely concerned the actions or omissions of the claimant's manager, Ms Miles-Gale, including issues about working from home, workload, support, time off, treatment of the claimant and other black staff, and the respondent's response to complaints. The tribunal considered that the latest alleged acts in March 2023 could anchor earlier matters for limitation purposes.

The tribunal also recorded that the respondent accepted the claimant was disabled by reason of anxiety and depression, while the issue of PTSD was left to the final hearing. It said that, if a just and equitable extension had been required, it would have granted one because of the claimant's surgeries, recovery period and ill health at the end of 2022 and start of 2023. In relation to constructive dismissal, the tribunal considered that some allegations might be difficult to link to the resignation, but that the broader discrimination allegations were sufficiently serious that, if proved, they could amount to a repudiatory breach of contract.