Case 1405850/2020 · Employment Tribunal
Claimant v University Hospitals Plymouth NHS Trust and others — 2022
- Case reference
- 1405850/2020
- Decision date
- 26 October 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Goraj
Parties
2 namedClaimant
Claimant
Key findings
Tribunal's reasoningEmployment Judge Goraj dealt with a preliminary application in the claims brought under case numbers 1405850/2020 and 1405851/2020. The parties agreed that CRGW Plymouth Limited (the third respondent) was the correct respondent, so CRGW Limited (the second respondent) was dismissed from the proceedings. The tribunal then considered the first respondent's application to amend its response and the agreed list of issues in relation to the TUPE dispute concerning the IVF service.
The tribunal granted leave to amend. It allowed the first respondent to plead that the IVF service included both the CCG-funded NHS IVF activities and privately funded IVF patients who had started an IVF process with the first respondent before 5 August 2020 and continued that process with the third respondent after that date, and it added a corresponding issue to the list of issues. The amendment was limited so that it did not extend to patients on the waiting list. In reaching that decision the tribunal referred to Selkent Bus Co Limited v Moore, Vaughan v Modality Partnership and Ottimo Property Services Ltd v Duncan and ors, and it balanced hardship and injustice, noting that the NHS/private split had not been raised by the third respondent until the third day of the preliminary hearing and that the evidence had proceeded on the basis of the IVF service as a generic service. The tribunal did not determine the substantive TUPE transfer issue in this judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | This preliminary judgment did not adjudicate any substantive employment claim. It dealt with a respondent-identity point and an application to amend the response and list of issues in the TUPE dispute. | Other | — | — |
Legal tests applied
3 references- Selkent Bus Co Limited v Moore
- Vaughan v Modality Partnership
- Ottimo Property Services Ltd v Duncan and ors
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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