Mr Hyginus Eze v West London NHS Trust — 2023

Mr Hyginus Eze brought claims against West London NHS Trust for unfair dismissal, underpayment or non-payment of wages, and direct race discrimination. The tribunal did not determine the merits of those complaints because it found that each was presented out of time. For the unfair dismissal claim, the tribunal held that it was outside the time limit in s.111 Employment Rights Act 1996 and that it was reasonably practicable for the claim to have been presented within the appropriate time limit.

The tribunal made the same limitation finding in relation to the wages complaint under s.13 Employment Rights Act 1996, holding that it was presented outside the time limit in s.23 Employment Rights Act 1996 and that it was reasonably practicable for the claim to have been brought in time. On that basis, the tribunal concluded that it did not have jurisdiction to hear the wages complaint.

The race discrimination complaints were also held to be out of time. The tribunal found that the direct race discrimination complaints under s.13 Equality Act 2010 were presented outside the time limit in s.123 Equality Act 2010 and that it was not just and equitable to allow them to proceed. The tribunal therefore dismissed the proceedings in full.