Ndow v University Hospitals Birmingham NHS Foundation Trust [2026]
Decision Number: EAT 64 Legal Body: Employment Appeal Tribunal (England & Wales)
Published on: 25/06/2026
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason elliott new
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Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University.  As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.   At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.

Claimant/Respondent on Appeal:
Ndow
Respondent/Appellant on Appeal:
University Hospitals Birmingham NHS Foundation Trust
Summary

A healthcare assistant was dismissed following an absence management procedure on the grounds that she was unfit to continue in her role. She unsuccessfully appealed the decision internally before presenting her claim, which the respondent contests as being out of time.

Background

The claimant was employed as a health care assistant by the respondent from 2009 until her dismissal on 8th June 2022. The dismissal arose from the absence management procedure, during which it was determined that the claimant was not medically fit to continue in her role. The claimant internally appealed this with that appeal being dismissed on 19th November 2022.  The claimant then presented her claim on 10th and 12th January 2023. 


The respondent argued that they

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 25/06/2026