Mr J Ogunshakin, counsel For the v Respondent — 2025

The claimant, Ms Samina Ashraf, brought claims against NHS England alleging direct discrimination on grounds of race, religion and sex, harassment related to those protected characteristics, and less favourable treatment contrary to the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000. The claim comprised approximately 33 individual allegations giving rise to over 70 cumulative allegations once each was put as multiple causes of action. The hearing took place at London Central before Employment Judge Hodgson, sitting with Ms H Craik and Mr R Baber, between 25 November and 6 December 2024, with deliberations in chambers on 7 and 8 January 2025.

The tribunal had to construct a list of issues itself, derived from the amended claim form, after the parties had been unable to agree one despite earlier case management hearings before EJ Joyce and EJ Emery. The tribunal noted that the claimant had failed to plead the names of comparators required for the Part-Time Workers Regulations claims, and that a list of ten names later supplied did not link comparators to particular allegations. The respondent's strike-out application was modified during the hearing so that a number of allegations proceeded to be determined on their merits.

The tribunal dismissed all claims. It held that all claims of direct discrimination failed, all claims of harassment failed, and all claims of less favourable treatment under the Part-Time Workers Regulations failed. No remedy was awarded.