Case 3205418/2021 · Employment Tribunal
Mrs K Harnwell v Mid and South Essex NHS Foundation Trust — 2022
- Case reference
- 3205418/2021
- Decision date
- 21 February 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge John Crosfill
Parties
2 namedClaimant
Mrs K Harnwell
Respondent
Key findings
Tribunal's reasoningMrs K Harnwell attended the CVP hearing on 21 February 2022 until the Employment Judge was in the process of giving a reasoned judgment. The tribunal put the matter back twice, for about an hour in total, so that the claimant could be assisted to re-join the hearing. The judge then decided it was not in the interests of justice to list a further hearing for the purpose of giving judgment and proceeded in the claimant's absence.
The unfair dismissal complaint was struck out because it had not been presented within the time limit in section 111 of the Employment Rights Act 1996 when it was reasonably practicable to do so. The tribunal said it had no jurisdiction to entertain that complaint.
The Equality Act 2010 claims were also struck out because they were presented after the section 123 time limit and the tribunal held it was not just and equitable to extend time. The tribunal again said it had no jurisdiction to entertain those complaints.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held the complaint was presented outside the time limit in section 111 of the Employment Rights Act 1996 when it was reasonably practicable to do so, so it had no jurisdiction. | Struck out | — | — |
| Disability discrimination | The extracted judgment text refers only to Equality Act 2010 claims; the case listing identifies these as disability discrimination claims. The tribunal held they were presented outside the section 123 time limit and that it was not just and equitable to extend time. | Struck out | Disability | — |
Legal tests applied
4 references- s.111 Employment Rights Act 1996
- reasonably practicable
- s.123 Equality Act 2010
- just and equitable
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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