Mr M Kelly v Hestia Housing and Support R1 South West London & St Georges Mental Health NHS Trust — 2019

This was a preliminary hearing before Employment Judge Wright on 28 November 2019. The tribunal dealt only with case management and strike-out issues; it did not determine liability or remedy. The claimant was represented by Mr R Oliver, the first respondent by Mr P Gorasia, and the second respondent by Mr B Jones. No lay members are named in the judgment.

The tribunal struck out the claimant's Regulation 13 TUPE claim for failure to inform and consult as misconceived. It also struck out the claimant's section 19 Equality Act 2010 claim as having no reasonable prospect of success. The judgment does not identify the protected characteristic relied on for that Equality Act claim.

The claimant's claim of being subjected to a detriment for making a protected disclosure against the second respondent was struck out as out of time. A further claim of being subjected to a detriment and, in the alternative, of being dismissed as a result of making a protected disclosure was permitted to proceed only in the limited manner set out at the hearing and subject to a deposit order under Rule 39 of the Employment Tribunal Rules of Procedure 2013.

The tribunal reserved the second respondent's costs application pending receipt of a schedule of costs. It also made directions for a schedule of loss, amended ET3, disclosure, bundle preparation, witness statements, and preparation for a listed final hearing. No monetary award was made at this stage.