North Cumbria Integrated Care NHS Foundation Trust

Case Summary

The Employment Tribunal dismissed Mr I C Ofoha's claims for unfair dismissal, unlawful deduction of wages, and race discrimination due to out-of-time submissions and lack of relevant service.

The tribunal dismissed the claims because they were filed out of time and the claimant lacked the required two years of relevant service for the unfair dismissal claim.

• •Does the claimant have the relevant 2 years’ service to claim unfair dismissal?
• •Time limits – money claims “other payments”
• •Time limits - discrimination

RESERVED JUDGMENT EMPLOYMENT TRIBUNALS Claimant: Mr I C Ofoha Respondent: North Cumbria Integrated Care NHS Foundation Trust HELD AT: Manchester ON: 8 November 2024 BEFORE: Employment Judge Fearon REPRESENTATION: Claimants: Respondent: Mr Hersee, lay representative Mr English, solicitor RESERVED JUDGMENT The judgment of the Tribunal is that: 1. The claimant does not have the relevant 2-years’ service to claim unfair dismissal and therefore the unfair dismissal claim is dismissed. 2. It was reasonably practicable for the Claimant’s claim for unlawful deduction of wages to have been brought within the required time period and as it was not brought within the required time period the claim is dismissed. 3. The claimant’s claim for race discrimination was not presented within the applicable time limit. It is not just and equitable to extend the time limit. The claim is therefore dismissed. RESERVED JUDGMENT REASONS Introduction 1. The claimant was employed by the respondent as a radiologist from 16 November 2020 until 12 April 2021 when his employment was terminated on grounds of capability. The claimant presented a claim on 1 May 2024 for unfair dismissal, other payments and race discrimination. The claimant alleges he was subject to race discrimination by several of the respondent's employees throughout his employment with the respondent. It is clear from Section 15 of his claim form, that the claimant accepts his claim was submitted out of time and he there sets out the basis on which he submits his claim should be allowed to proceed. 2. Judge Holmes directed that the respondent's response need only state whether the claims are resisted and set out the respondent's position on the claim being out of time and that the respondent did not need to respond to the merits of the substantive claim. The respondent i…