Case 6023363/2024 · Employment Tribunal
Ms K Hering née Ahonle v Homerton University Hospital NHS Foundation Trust — 2025
- Case reference
- 6023363/2024
- Decision date
- 2 December 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge E Macdonald Representation
- Venue
- East London
Parties
2 namedClaimant
Ms K Hering née Ahonle
Key findings
Tribunal's reasoningThe claimant presented her ET1 on 29 December 2024. The parties agreed that the ACAS Early Conciliation certificate was not issued until 30 December 2024, after the claim had already been presented.
The Tribunal considered section 18A(8) of the Employment Tribunals Act 1996, Abel Estate Agent Limited v Reynolds, and Pryce v Baxterstorey Limited. It concluded that the claimant could not present relevant proceedings without the certificate and that the Tribunal had no jurisdiction to hear the claims, so the claims were dismissed in their entirety under Rule 28.
The respondent applied for costs. The Tribunal found the claim had no reasonable prospect of success only because of the uncured Early Conciliation issue, but refused the costs application after considering the claimant's means, her situation, and her confusion about the requirement.
Claims and outcomes
8 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed under Rule 28 because the Tribunal found it had no jurisdiction where the claim was presented before the ACAS Early Conciliation certificate was issued; no merits findings were made. | Dismissed | — | — |
| Sexual orientation discrimination | Dismissed under Rule 28 because the Tribunal found it had no jurisdiction where the claim was presented before the ACAS Early Conciliation certificate was issued; no merits findings were made. | Dismissed | Sexual orientation | — |
| Race discrimination | Dismissed under Rule 28 because the Tribunal found it had no jurisdiction where the claim was presented before the ACAS Early Conciliation certificate was issued; no merits findings were made. | Dismissed | Race | — |
| Disability discrimination | Dismissed under Rule 28 because the Tribunal found it had no jurisdiction where the claim was presented before the ACAS Early Conciliation certificate was issued; no merits findings were made. | Dismissed | Disability | — |
| Marriage or civil partnership discrimination | The judgment describes this as discrimination on the grounds of marriage or partnership. It was dismissed under Rule 28 for lack of jurisdiction; no merits findings were made. | Dismissed | Marriage / civil partnership | — |
Legal tests applied
9 references- s.18A(8) Employment Tribunals Act 1996
- Abel Estate Agent Limited v Reynolds [2025] EWCA Civ 1357
- Pryce v Baxterstorey Limited [2022] EAT 61
- Rule 28 Tribunal Rules
- Rule 6 Tribunal Rules
- Rule 38 Tribunal Rules
- no reasonable prospect of success
- Scott v Inland Revenue Commissioners [2004] ICR 1410
- Hamilton-Jones v Black UKEAT/0047/04
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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