Mersey and West Lancashire Teaching Hospitals NHS Trust

Case Summary

The claimant brought claims for unauthorised deductions from pay (February 2022 to March 2023) and unlawful indirect sex discrimination. Both claims were struck out as the tribunal found they were not presented within the applicable time limits and the claimant failed to demonstrate either that it was not reasonably practicable to present in time (for the deductions claim) or that it was just and equitable to extend time (for the discrimination claim).

The tribunal struck out both claims on time limit grounds. The unauthorised deductions claim failed because the claimant did not establish it was not reasonably practicable to present in time under section 23 ERA 1996. The sex discrimination claim failed because the tribunal found it was not just and equitable to extend time under section 123 Equality Act 2010.

• •Time limit for claim of unauthorised deductions from pay
• •Reasonably practicable test under section 23 Employment Rights Act 1996
• •Time limit for claim of unlawful indirect sex discrimination
• •Just and equitable extension of time under section 123 Equality Act 2010

1 EMPLOYMENT TRIBUNALS Claimant Miss J. Kingston Respondent Mersey and West Lancashire Teaching Hospitals NHS Trust Heard at: Manchester (by CVP) On: 9 February 2026 Before: Judge Callan (sitting alone) Representation For the Claimant: In person For the Respondent: Mr. A. Gibson, solicitor JUDGMENT (1) The claim for unauthorised deductions from pay in the period February 2022 to March 2023 was not presented in time. The claimant did not show that it was not reasonably practicable for the claim to have been presented in time in accordance with section 23 Employment Rights Act 1996. The tribunal has no jurisdiction to hear the claim and it is struck out. (2) The claimant’s claim of unlawful indirect sex discrimination was not presented in time and the tribunal found that it was not just and equitable to extend time for the lodging of the claim in accordance with section 123 Equality Act 2010. The tribunal has no jurisdiction to hear the claim and it is struck out. (3) The directions set at the hearing on 20 August 2025 need no longer be complied with. 2 Judge Callan Judge Callan Dated 9 February 2026 Sent to the parties on: 10 April 2026 For the Tribunals Office Note Written reasons for the judgment will not be provided unless a request is made by either party within 14 days of the sending of this written record of the decision. If written reasons are requested they will be placed on line. Public access to employment tribunal decisions Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimant (s) and respondent(s) in a case. Recording and Transc…