Nottinghamshire Healthcare NHS Foundation Trust

Case Summary

The case was struck out as the claimant did not meet the definition of a disabled person and her claims were presented outside the prescribed time period.

The claimant's disability discrimination claims were struck out because she did not meet the statutory definition of a disabled person under the Equality Act 2010, and the claims were also presented outside the three-month time limit.

• •definition of disabled person under the Equality Act 2010
• •timeliness of claim for holiday pay

1 of 14 EMPLOYMENT TRIBUNALS Claimant: Ms A Robinson Respondent: Nottinghamshire Healthcare NHS Foundation Trust Heard: Nottingham Tribunal Hearing Centre On: 19 September 2023 Before: Employment Judge S Shore Representation For the claimant: No Appearance For the respondent: Mr G Price, Counsel OPEN PRELIMINARY HEARING JUDGMENT 1. The claimant did not meet the definition of ‘disabled person’ in section 6(2) of the Equality Act 2010. 2. The claimant’s claims of disability discrimination are therefore struck out in their entirety as the Tribunal has no jurisdiction to hear them. 3. The claimant did not present her claim for holiday pay within the period prescribed by law. It was reasonably practicable for her to have done so. Her claim for holiday pay is therefore struck out as the Tribunal has no jurisdiction to hear it. 4. The hearing listed for 7, 8, and 9 May 2024 is vacated. 2 of 14 REASONS History of Case 1. The claimant was employed by the respondent, an NHS Trust, as a Temporary Staffing Administrator from 7 September 2020 until she resigned on 16 June 2022. The claimant’s contractual notice period was four weeks. Her effective date of termination of employment with the respondent was 15 July 2022. 2. The claimant started early conciliation on 16 June 2022 and obtained an early conciliation certificate dated 20 June 2022. She presented her ET1 on 6 July 2022. The claim form indicated claims of disability discrimination and failure to pay holiday pay by ticking the relevant boxes in paragraph 8.1 of the ET1 [11]. In box 8.2 of the ET1 [12], the claimant stated that a document was attached to the claim form. No copy of that document was received by the Tribunal with the ET1. No other details of the claim were provided. 3. On 11 July 2022, the Tribunal wrote to the claimant [23]…