Case 2400367/2022 · Employment Tribunal
Dr M Tattersall v Mersey and West Lancashire Teaching Hospitals NHS Trust — 2023
- Case reference
- 2400367/2022
- Decision date
- 29 June 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dunlop Representation
- Venue
- Manchester
Parties
2 namedClaimant
Dr M Tattersall
Key findings
Tribunal's reasoningDr M Tattersall presented this claim on 20 January 2022 arising from an unsuccessful application for temporary employment with Mersey and West Lancashire Teaching Hospitals NHS Trust. At the hearing on 12 January 2024, Employment Judge Dunlop dealt only with whether Dr Tattersall had materially complied with the Unless Order made by Employment Judge Tobin, which required him to provide an email address that accepts incoming emails by 4 October 2023.
The tribunal recorded that Dr Tattersall sent a letter on 3 October 2023 giving an email address, but the letter also said the address was provided only if ordered, should not be retained if not required, was not secure, and might not receive emails because of technical reasons or malicious acts. Applying the approach in the authorities cited, the judge held that those caveats meant the address was not, in substance, compliance with the order. The claim was therefore dismissed under rule 38 for material non-compliance. The judge also extended the time limit for any Rule 38(2) application to 21 days from the date the judgment was sent.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Dismissed under rule 38 for failure to materially comply with an Unless Order requiring the claimant to provide an email address that accepts incoming emails. The merits of any underlying discrimination or whistleblowing allegations were not determined in this judgment. | Struck out | — | — |
Legal tests applied
8 references- rule 38 Employment Tribunal Rules of Procedure 2013
- rule 38(1)
- rule 38(2)
- material non-compliance
- Wentworth-Wood v Maritime Transport Ltd
- Uwhubetine v NHS Commission Board England
- Minnoch v Interservefm Ltd
- Leeks v Brighton & Sussex University Hospital NHS Trust
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.