Case 3325825/2019 · Employment Tribunal
Ms C Joseph v East London NHS Foundation Trust — 2021
- Case reference
- 3325825/2019
- Decision date
- 9 August 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Daniels JUDGMENT
Parties
2 namedClaimant
Ms C Joseph
Respondent
Key findings
Tribunal's reasoningThis judgment concerns an out-of-time application to reinstate claims of sex discrimination, race discrimination, victimisation and whistleblowing detriment. The Tribunal treated the application as one for reconsideration.
The Tribunal found that those claims had already been withdrawn by the claimant and dismissed by the Tribunal on 16 February 2021. Applying Rules 51 and 52 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, it held that the claims had come to an end and that it had no jurisdiction to set aside the withdrawal or dismissal.
The Tribunal further held that any reconsideration request, so far as such a request was permissible, was dismissed under Rule 72 because it was out of time and had no reasonable prospect of success.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Sex discrimination | The judgment states the sex discrimination claim had been withdrawn by the claimant and dismissed by the Tribunal on 16 February 2021. The reconsideration application to reinstate it was dismissed for want of jurisdiction and as out of time. | Withdrawn | Sex | — |
| Race discrimination | The judgment states the race discrimination claim had been withdrawn by the claimant and dismissed by the Tribunal on 16 February 2021. The reconsideration application to reinstate it was dismissed for want of jurisdiction and as out of time. | Withdrawn | Race | — |
| Victimisation | The judgment states the victimisation claim had been withdrawn by the claimant and dismissed by the Tribunal on 16 February 2021. The protected characteristic underlying the victimisation allegation is not specified in this text. | Withdrawn | — | — |
| Whistleblowing | The judgment refers to a whistleblowing detriment claim, which had been withdrawn by the claimant and dismissed by the Tribunal on 16 February 2021. The reconsideration application to reinstate it was dismissed for want of jurisdiction and as out of time. | Withdrawn | — | — |
Legal tests applied
2 references- Rules 51 and 52 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
- Rule 72 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
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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