Mr M A Hassan v Barts Health NHS Trust and 2 others — 2023

The judgment concerned the respondent's application to strike out three live Employment Tribunal claims: 2201691/2015, 3202042/2015 and 3200734/2016. Those claims included allegations of whistleblowing detriment and religious discrimination arising from the claimant's former locum consultant engagement and related later events. The tribunal did not decide the merits of those allegations.

The tribunal proceeded on the basis of the claimant's criminal conviction arising from events at a preliminary hearing on 7 February 2019. It found that, in the context of that hearing, the claimant became aggressive and disruptive, threatened the judge and opposing barrister, and assaulted a non-legal tribunal member. The tribunal found that conduct was part of the conduct of the tribunal proceedings and was scandalous.

The tribunal also found that, before and after that incident, the claimant had conducted the proceedings vexatiously and unreasonably through extensive, repetitive and offensive correspondence containing serious allegations against the respondent, legal representatives, judges and others. It concluded that a fair trial was no longer possible, that no lesser penalty would suffice, and that striking out all three remaining live claims was proportionate and necessary in the interests of justice.