Locum consultant psychiatrist dismissed after GMC proceedings discovered: time limit bars claim

A short-lived role with lasting consequences

This case shows how quickly a locum placement can unravel when a past regulatory issue comes to light. The claimant, a consultant psychiatrist, was engaged for a one-month locum with an NHS Trust. He worked for just three days before being summarily dismissed when the Trust learned he was subject to proceedings before the General Medical Council and the Medical Practitioners Tribunal. The GMC proceedings were health-related and placed no restriction on his ability to work, but the Trust decided to end the engagement immediately.

The time limit trap

The claimant initially believed his employer was the recruitment agency Medecho Ltd, which had placed him. He filed an unfair dismissal claim against Medecho in time. But when he later received a payslip and P45 from the Trust in late October or early November 2018, he realised the Trust was his actual employer. He applied to add the Trust as a second respondent on 6 February 2019 – over three months after discovering the correct employer. The tribunal held that this was too late. The three-month time limit for bringing a claim against the Trust started when the claimant knew or could reasonably have known that the Trust was his employer, which was by early November 2018 at the latest. The tribunal found it was reasonably practicable for him to have filed in time, so no extension was granted.

What the losing side could have done differently

The claimant's mistake was understandable but costly. He could have checked his employment status earlier – for example, by asking for a written contract or statement of terms on his first day. He also could have filed a protective claim against both Medecho and the Trust at the outset, even if he was unsure who the correct employer was. The tribunal noted that the claimant was a consultant psychiatrist and capable of understanding the need to act promptly.

Why this matters for similar claims

This case is a reminder that time limits in employment tribunals are strict and apply separately to each respondent. If you are unsure who your employer is, you should gather evidence quickly – payslips, contracts, and P45 forms are key. If you discover a mistake, you must act immediately. Even a delay of a few weeks can mean your claim is dismissed, regardless of the merits of your case.