Mr N Olokodana v South West London & St Georges Mental Health NHS Trust OPEN PRELIMINARY HEARING — 2023

This was an open preliminary hearing on 16 March 2023 before Employment Judge Truscott KC at London South. The claimant, Mr N Olokodana, had worked for the respondent as a clinical charge nurse from 15 March 2011 until his resignation and the expiry of his notice period on 6 December 2021. The tribunal recorded that the case was one of constructive unfair dismissal. The respondent applied for strike out or, alternatively, a deposit order on the basis that the claim had no or little reasonable prospect of success.

The respondent relied in particular on the resignation letter of 19 October 2021 and an email in which the claimant sought to withdraw his resignation. It submitted that, on that material, a fundamental breach could not be established. The claimant disputed the submissions and said he could not recall saying what he had been noted as saying to the previous tribunal.

The tribunal decided not to hear evidence from the claimant at this stage. It held that, for strike out purposes, the claimant's case had to be taken at its highest and that there might be a context for the documents relied on which could lead to a different interpretation. It noted that the resignation letter and request to return were not determinative by themselves. On that basis, the respondent's application was refused. The reasons state that the claimant's evidence would be heard at a full merits hearing listed for 17 to 19 May 2023.