Mr J Lewis, Counsel v Respondent — 2020

This was a reserved preliminary hearing in a whistleblowing/detriment case brought by Mrs S Appleby against The Tavistock & Portman NHS Foundation Trust. The claimant relied on protected disclosures said to have been made in October 2017, in a February 2018 meeting with Dr Carmichael, and by forwarding Mr Bristow’s exit interview to Dr Sinha. No findings of fact on the merits of the alleged detriments were made at this stage.

The tribunal allowed the claimant’s blueline amendments in full. It accepted that the amendments were either alternative formulations of matters already pleaded, minor corrections, or additional detail arising from later material, including the Hodge report, and held that the respondent would not be substantially prejudiced because it had not yet served substantive grounds of resistance. The tribunal also confirmed its earlier decision rather than revoking it.

The respondent’s renewed application for a general stay of proceedings was refused. The tribunal accepted that the NHS pandemic response created pressure for the respondent, but concluded that the timetable, which listed the full hearing for June 2021, struck an appropriate balance and that further delay would prejudice the claimant. The claimant’s application to add Dr Carmichael as a second respondent was not pursued.

The tribunal set aside the earlier blanket disclosure order in relation to Dr Sinha’s investigation material, holding that the order was too wide because it could apply to more than one employee and could affect confidentiality and anonymity. It said the claimant should first identify any specific anonymised material that prevented proper pleading or evidence, seek agreement for focused disclosure, and only then apply to the tribunal if necessary.