Case 1804260/2022 · Employment Tribunal
Mrs L Roy Case number 1804260/2022 v Leeds and York Partnership NHS Foundation Trust and 14 others — 2023
- Case reference
- 1804260/2022
- Decision date
- 7 December 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Maidment Appearances
- Venue
- Leeds
Parties
16 namedClaimant
Mrs L Roy Case number 1804260/2022
Respondents
- Leeds and York Partnership NHS Foundation Trust
- Mr Christopher Butler
- Mrs Lindsay Jensen
- Mr William (Bill) Fawcett
- Mr Carl Starbuck
- Rev Christopher Butler
- Mr David T Syms
- Paul Bullivant
- Unison HQ
- Leeds and York Partnership Foundation NHS Trust
- Dr Sara Munro
- Mrs Lindsay Jensen
- Mrs Lindsay Jensen
- Mr William (Bill) Fawcett
- Mr Carl Starbuck
Key findings
Tribunal's reasoningAt a preliminary hearing, the tribunal considered applications to strike out the claimant's remaining complaints. It found that no live application for relief from sanction had been made in respect of claims previously dismissed for non-compliance with an unless order.
The unfair dismissal claim against the first respondent was found to have been settled by an ACAS COT3 agreement, with an alternative finding that it was presented outside the applicable time limit. The tribunal also found that it had no jurisdiction over unfair dismissal claims against individual employees.
The surviving racial harassment allegations against the union respondents were struck out on estoppel and abuse of process grounds, with alternative findings on time limits and prospects of success. The racial harassment allegations against the first respondent were struck out because the tribunal found they had no reasonable prospect of success, including because the claimant had not advanced a factual case linking the alleged conduct to race.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the unfair dismissal complaint against the first respondent had been validly settled by an ACAS COT3 agreement and, alternatively, was presented out of time. It also stated that unfair dismissal claims against individual respondents could not proceed. | Struck out | — | — |
| Harassment | The surviving harassment allegations were pleaded as racial harassment. The tribunal struck out the union-related allegations on estoppel/abuse of process grounds, with alternative findings on time limits and no reasonable prospect of success. It struck out the remaining allegations against the first respondent as having no reasonable prospect of success, with further findings that older allegations were out of time. | Struck out | Race | — |
Legal tests applied
9 references- res judicata
- issue estoppel
- cause of action estoppel
- rule in Henderson v Henderson
- Johnson v Gore Wood
- Anyanwu v South Bank Students' Union
- Ahir v British Airways Plc
- just and equitable extension of time
- not reasonably practicable
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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