Miss Harris v Hull University Teaching Hospitals NHS Trust CERTIFICATE OF CORRECTION Employment Tribunals Rules of Procedure 2013 Under the provisions of — 2021

The claimant was employed by the respondent from 2 March 2020 until her dismissal on 5 January 2021. At the preliminary hearing on 20 October 2021, after an earlier amendment hearing on 12 July 2021, the tribunal allowed her to amend so that her protected disclosure case could rely on the emails of 15 October, 28 October, 7 November, 9 November, 23 November and 27 November 2020 taken together.

On the respondent's strike-out application, the tribunal held that the ordinary unfair dismissal claim had no reasonable prospect of success. It found that the claimant had applied for an individual post with the respondent, that there had been no staff transfer scheme under section 14I of the National Health Service Act 2006, and that she was not in relevant employment for section 218(8) ERA 1996 purposes. The tribunal therefore concluded that she could not show two years' continuous employment at the date of dismissal.

For the protected disclosure claim, the tribunal accepted that the emails could arguably disclose information tending to show that face shields were not an alternative to masks, that a risk assessment had not been carried out, and that no reasonable adjustment had been made. Applying the section 43B test and referring to Kilraine and Cavendish Munro on factual content and specificity, it held that the claim could not be said to have no reasonable prospect of success, but that it had little reasonable prospect of success. The tribunal therefore made a deposit order in a separate document rather than striking out that claim.