The Claimant applied for a job with the Respondent NHS Trust. On her account in July 2020 she was offered a job and told that she would be given the start date but nothing happened. On 26/12/20 she started proceedings alleging religious and disability discrimination under the EqA 2010 and for whistleblowing detriment under the Employment Rights Act 1996 (NHS Recruitment – Protected Disclosure) Regulations 2018. The Respondent applied to dismiss the claims on the grounds they were out of time. The EJ decided that time had started to run for both the EqA 2010 and the 2018 Regs claims at the end of July and did not extend time and accordingly dismissed the claims. The Claimant appealed.

The EAT allowed the appeal in part. The EJ had failed properly to analyse when time had started to run under the 2018 Regs which had detailed provisions at reg 5 dealing with this issue and the issue would therefore have to be remitted to the ET. However, the EJ had taken into account all relevant factors and reached a permissible conclusion in relation to extension of time, although this aspect would have to be reconsidered if the start date for the claim was held to be different on remission.