Mrs D Hopkinson v Sheffield Teaching Hospitals NHS Foundation Trust Heard: at Leeds by CVP — 2025

Mrs D Hopkinson brought a claim of direct age discrimination against Sheffield Teaching Hospitals NHS Foundation Trust. The tribunal recorded 11 complaints of direct discrimination, with the last act on or about 5 April 2024, apart from the claimant’s resignation on 3 May 2024. The claim was presented on 7 October 2024, which was two months and four days after the ordinary time limit expired on 3 August 2024.

At the preliminary hearing, the tribunal exercised its discretion under s.123 EqA 2010 and extended time as it considered just and equitable. It took into account the length of the delay, the claimant’s evidence that she did not know about the time limit until 3 September 2024, the fact that she had been pursuing the respondent’s internal process, and the absence of pleaded prejudice to the respondent. The tribunal found that the delay was caused by the claimant awaiting completion of the investigation report, which ran from the request for an exit interview on 13 March 2024 through the report dated 29 August 2024.

The tribunal found it was not necessary to decide whether s.108 EqA 2010 applied because the respondent conceded that it did. In any event, it held that the events after 3 May 2024 arose out of and were closely connected with the prior employment relationship, including the investigation, the report, and the lack of an appeal right after employment ended. The tribunal noted that if the claimant could establish less favourable treatment in the post-employment arena, s.108 would support the claim, but it did not determine the merits of the discrimination allegations.