Mrs N M Rogerson v Mid Cheshire Hospitals NHS Foundation Trust — 2024

This was a preliminary hearing on limitation only. The claimant, Mrs N M Rogerson, had resigned from her role as lead nurse with Mid Cheshire Hospitals NHS Foundation Trust with an effective date of termination of 26 May 2024. She presented her ET1 on 18 September 2024 after early conciliation that ended on the same day. The tribunal held that the limitation date for both claims had passed before presentation of the claim.

On the constructive unfair dismissal claim, the tribunal applied the reasonable practicability test under s.111 Employment Rights Act 1996. It accepted that the claimant had been dealing with personal, financial and housing difficulties, and that she had been in counselling, but it found that she was represented in workplace meetings, had raised dismissal as an issue by 20 April 2024, had the opportunity to seek advice about her tribunal rights, and was able during the relevant period to start new employment, complete a funding application, and manage house moves. The tribunal found there was no basis to extend time and dismissed the claim.

On the indirect disability discrimination claim, the tribunal accepted the respondent's submission that the last date of any act complained of was 13 March 2024, when the claimant went on long-term sickness absence and no longer returned to work. Applying the just and equitable test under s.123 Equality Act 2010, it found the claim was brought about six months late. It noted that the claimant had continued to attend meetings, had obtained alternative work, had dealt with references, and had sought counselling rather than medical evidence, but concluded that these matters did not justify extending time. The discrimination claim was therefore also dismissed.