Mr James Morrison v Essex Partnership University NHS Foundation Trust — 2026

The Claimant brought claims of unfair dismissal and disability discrimination following his dismissal by Essex Partnership University NHS Foundation Trust. The Tribunal considered at an open preliminary hearing whether the claims had been presented in time and, if not, whether time should be extended under the applicable statutory tests.

The Tribunal found that the unfair dismissal claim was presented outside the section 111 Employment Rights Act 1996 time limit and that it had been reasonably practicable for the Claimant to present it in time. It also found that the disability discrimination claim was presented outside the section 123 Equality Act 2010 time limit and that it was not just and equitable to extend time.

The Tribunal noted the Claimant's evidence about a historic brain injury, but concluded that his ability to engage with internal appeal and NMC proceedings, obtain and maintain employment, and approach ACAS earlier did not support the asserted inability to bring tribunal proceedings sooner. The Tribunal held that both claims were out of time, that it had no jurisdiction to hear them, and that the claim form was struck out.