J Luby v Mersey Care NHS Foundation Trust: 2402693/2024 and 2406665/2024

EMPLOYMENT TRIBUNALS
Case No 2402693/2024, 2406665/2024
J LubyClaimantMersey Care NHS Foundation TrustRespondent
Employment Judge BattenIn person for claimantA Gibson (instructed by Solicitor) for respondentDate 4 April 2025

JUDGMENT

Upon the applications of the respondent and upon hearing from the Solicitor for the respondent and from the claimant, the judgment of the Tribunal is that:[1]Claim number 2402693/2024 is struck out because the Tribunal considers that the complaints have no reasonable prospects of success. In addition, the complaints of race discrimination and victimisation were presented out of time and the Tribunal does not consider it just and equitable to extend time.[2]Claim number 2406665/2024 is struck out because it was presented out of time in circumstances where the Tribunal considers that it was reasonably practicable for the whistleblowing and wages complaints to be presented in time, and also the Tribunal does not consider it just and equitable to extend time for the discrimination complaints. In addition, the Tribunal considers that all the complaints have no reasonable prospects of success.