NHS Trust Wins Appeal as Former Employee's Claims Exceed Time Limits
An Employment Appeal Tribunal has ruled in favour of an NHS Trust after a former employee's claims were found to be out of time.
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Tribunal Upholds Time Bar on Unfair Dismissal and Discrimination Claims
The Employment Appeal Tribunal (EAT) has dismissed an appeal brought by Miss A Ndow against University Hospitals Birmingham NHS Foundation Trust. The appeal concerned claims of unfair dismissal and disability discrimination, which the EAT found were presented outside the statutory time limits. Miss Ndow had been employed as a healthcare assistant from July 2009 until her dismissal on 8 June 2022, following an absence management procedure.
Key Issues: Time Limits and Internal Appeals
Miss Ndow presented her Employment Tribunal claim forms in January 2023. The initial tribunal had determined that both her unfair dismissal and disability discrimination complaints were lodged almost four months after the respective primary time limits. Crucially, the tribunal found it would have been reasonably practicable for her to present the unfair dismissal claims within the original timeframe. For the discrimination claims, the tribunal ruled it would not be just and equitable to extend the time limit.
On appeal, Miss Ndow argued that the tribunal had erred by failing to consider the impact of her internal appeal against dismissal. She also contended that the tribunal should have considered whether the dismissal of her internal appeal was, in itself, an act of discrimination. However, the EAT noted that these arguments had not formed part of her case before the original tribunal.
EAT Decision
The Honourable Lord Fairley, President of the EAT, stated that a tribunal cannot be faulted for failing to consider matters that were not raised before it. The evidence presented did not suggest that the internal appeal process caused any delay in Miss Ndow lodging her claims. Furthermore, the pleaded case and evidence before the original tribunal identified her dismissal on 8 June 2022 as the final alleged discriminatory act, not the subsequent refusal of her internal appeal.
Consequently, the EAT found no error of law in the original tribunal's decision and dismissed the appeal. The judgment was approved for handing down on 30 April 2026.
Read the entire judgment here: Miss A Ndow v University Hospitals Birmingham NHS Foundation Trust EAT 64
