Bedfordshire Hospitals NHS Foundation Trust

Case Summary

The tribunal found that it was not reasonably practicable for Mr Alvin Sawyer to present his claim within the time limit and allowed the claim. The alleged protected disclosure was struck out.

The tribunal found it was not reasonably practicable for the claimant to present his claim within the statutory time limit and therefore extended time to allow the claim to proceed, though the alleged protected disclosure was struck out as a separate issue.

• •reasonably practicable to present the claim in time

1 EMPLOYMENT TRIBUNALS Claimant Respondent Mr Alvin Sawyer v Bedfordshire Hospitals NHS Foundation Trust RECORD OF AN OPEN PRELIMINARY HEARING Heard at: Watford On: 19 July 2024 Before: Employment Judge Alliott Appearances For the Claimant: In person For the Respondent: Mr Ben Jones (counsel) JUDGMENT The judgment of the tribunal is that: 1. It was not reasonably practicable for the claimant to present his claim in time and the claim was presented within a reasonable time thereafter. Accordingly, the tribunal has jurisdiction to hear the claimant’s claim. 2. The alleged protected disclosure relating to unnecessary enquires for blood test results is struck out as there is no reasonable prospect of success in establishing that it was a protected disclosure. REASONS 1. This open preliminary hearing was directed by Employment Judge Bansal on 22 May 2024. The case management summary recites as follows:- “The purpose of this hearing will be to determine, (i) If the complaints were presented outside the time limits in accordance with s.111(2)(a) & (b) of the Employment Rights Act 1996, and (ii) If appropriate to make case management order sand list the case for final hearing.” 2. It is common ground that Employment Judge Bansal also indicated that the respondent’s application for a strike out and/or deposit order would also be dealt with today. Time 2 3. The claimant was dismissed with effect on 1 June 2023. There is no period of early conciliation to take into account. As such, the primary three month time limit for presenting his claim would expire on 31 August 2023. The claimant’s claim form was presented on 18 October 2023 and is therefore 1 month and 18 days out of time. The law 4. S.111 Employment Rights Act (“ERA”) 1996 provides as follows:- “111 Complaints to employment tribunal. (1) A comp…