In person assisted by her husband Mr. F. Fernandes For v Respondent — 2024

This was a public preliminary hearing before Tribunal Judge RE Peer (sitting alone) at London Central on 27 February 2024, determining cross-applications for strike out and a deposit order, together with the claimant's application to amend her claim. The claimant, who worked short ward administrator assignments for the respondent NHS Trust in March and May 2023, had brought complaints of direct race and age discrimination, harassment related to race and age, victimisation, less favourable treatment as a part-time worker, and detriment for making protected disclosures. The tribunal refused the claimant's applications to strike out the response, both on the ground of non-compliance and on the ground of no reasonable prospect of success.

The tribunal struck out the majority of the claimant's allegations on the basis that they had no reasonable prospect of success. A single allegation of direct race discrimination and a single allegation of harassment related to race, both concerning a remark that 'when you people come here, your DBS should be checked', were assessed as having little reasonable prospect of success and the claimant was ordered to pay a deposit of £50 in respect of each as a condition of continuing to advance them. The claims of victimisation, detriment for protected disclosures, and part-time worker less favourable treatment were struck out in full.

The tribunal also refused the claimant's application to amend her claim, applying the principles in Selkent Bus Co Ltd v Moore and considering the nature, timing and manner of the proposed amendments, applicable time limits and the balance of injustice and hardship between the parties.