Claimant v NHS England and Others — 2020

The claimant, represented by Gunner Cooke LLP, notified the tribunal on 1 July 2020 that he was withdrawing his claims against NHS England, Greater Manchester Combined Authority, and Greater Manchester Health and Social Care Partnership. He asked that the claims not be dismissed, saying this was necessary to avoid estoppel issues if he pursued complaints or claims in other courts, tribunals, or competent bodies, including data protection concerns before the Information Commissioner’s Office, arising from the facts set out in the ET1.

The tribunal accepted that the claimant had a legitimate reason to reserve the right to bring claims in other jurisdictions arising from the same or similar facts pleaded in the ET1 and Grounds of Complaint, and concluded that it was in the interests of justice not to dismiss the claim. The judgment therefore recorded the claims as withdrawn but not dismissed on withdrawal.

The tribunal also noted, for the avoidance of doubt, that the claimant could not reactivate his whistleblowing claim in the Employment Tribunal on the same facts. No merits findings or monetary remedy were made.