6003940/2025Struck out

Mersey and West Lancashire Teaching Hospitals NHS Trust

9 February 2026·Employment Tribunal·England & Wales·Employment Judge Callan

Respondent

Mersey and West Lancashire Teaching Hospitals NHS Trust

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Decision date

9 February 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Callan

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).

Why this outcome?

Out of time

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.

Claim Types

Unlawful Deduction

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Key Issues

  • 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

Original published judgment

The full source document is available from the official publication page.

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