Respondent Ilda Esteves -v- Imperial College Healthcare NHS Trust v Respondent — 2025

This was a public preliminary hearing before Employment Judge Tueje on 1 May 2025 (judgment dated 30 May 2025, sent to the parties on 3 June 2025) to consider the Respondent's applications to strike out, on res judicata, Henderson v Henderson and no reasonable prospect of success grounds, and to consider time limits and deposit orders. The Claimant had previously brought claim 2214008/2023, significant parts of which had been struck out by Employment Judge Peer in a judgment dated 11 March 2024.

The Tribunal struck out a series of factual allegations contained in the Claimant's emails of 22 May 2023 and 6 July 2023 insofar as they were relied on in identified paragraphs of the particulars of claim. Some matters (including Ms Holder's enquiries about the Claimant's son's age, allegations of lying about suitability, Marina's alleged shouting in May 2023, and Ms Graham's alleged failure to address that conduct) were struck out on the basis that the manner in which they were brought was unreasonable, amounted to an abuse of process and/or was contrary to Henderson v Henderson. A further group of allegations (including refusal to provide training, mocking the Claimant's notebook, comments about DBS checks, leaving the CV in a public area, terminating the assignment, forcing disclosure of date of birth and national insurance number, tearing up training notes, and failure to shortlist) were struck out on the principle of res judicata because they had already been determined in the earlier claim. The discrete complaint of not being provided with an employment contract or terms and conditions was also struck out on res judicata and/or Henderson v Henderson grounds.

The Tribunal declined to strike out the remaining complaints. Applying Mechkarov to the direct race discrimination complaints, the Judge considered there were disputed facts more appropriately resolved at a final hearing. The Judge also held that strike out at a preliminary stage where there are factual disputes is exceptional, and that the whistleblowing detriment, victimisation and breach of contract complaints are fact sensitive, with the Claimant's case to be taken at its highest. The Tribunal made no findings on time limits warranting strike out or deposit orders in respect of the surviving complaints, all of which post-date 13 February 2024. The claim is to proceed on all other matters, with further case management directions to follow.