Dr R Al Jehani v Royal Free Hampstead NHS Foundation Trust and 1 other — 2020

At a preliminary hearing on 10 February 2022, Employment Judge Burns considered the second respondent's application to strike out the claims against it and, in the alternative, for deposit orders. The judge did not hear oral evidence or decide discrete preliminary issues, explaining that doing so would require wide-ranging findings of fact in a detailed and complicated case and might affect the later full tribunal hearing.

The second respondent argued that the claims were out of time and that the claimant lacked standing to sue it. The tribunal held that the case was not wholly out of time because the claimant said she had suffered a series of whistleblowing detriments and/or a discriminatory continuing act ending with the termination of her employment with the first respondent and her parallel honorary contract with the second respondent on 4 September 2020. The judge also found that the claimant's case that she was an employee, worker or contract worker of the second respondent, and that an honorary contract continued until 4 September 2020, was reasonably arguable at least.

The tribunal recorded that it was not in dispute that the claimant made protected disclosures and complained about sex and race discrimination from an early date. Applying the cautious approach required to strike out discrimination and whistleblowing claims, the judge held that this was not a clear case for strike out and was not persuaded that the claims had little reasonable prospect of success. The second respondent's application to strike out the claims and its alternative application for deposit orders were both dismissed.