Mr D Telesford v Frimley Health NHS Foundation Trust — 2021

Employment Judge Anstis, sitting alone, considered whether the tribunal had jurisdiction over the claims having regard to time limits. The judgment records that the claimant's age discrimination and disability discrimination claims, as described at the hearing, included matters after dismissal relating to an appeal hearing and the alleged late delivery of an appeal outcome, and that those matters were within the standard time limit.

The tribunal did not hear evidence from which it could conclude that particular allegations occurred or could be considered as continuing acts. It therefore considered whether any claim had no reasonable prospect of persuading a tribunal either that it formed part of a continuing act with matters brought in time, or that it would be just and equitable to extend time.

The only claim struck out was the age discrimination complaint about signing in using a publicly available red book and including a date of birth. The tribunal recorded that this dated from the start of employment, was more than a year apart from the other age discrimination allegation about placards at the appeal hearing, and appeared to be under the control of different people. The tribunal found no reasonable prospect of showing a continuing act or of obtaining a just and equitable extension of over a year.

All other complaints described in the case management order were recorded as proceeding to a final hearing. No remedy was awarded in this judgment.