Case 2401718/2022 · Employment Tribunal
Roberto Iavarone v Alder Hey Children’s NHS Foundation Trust HELD AT: Liverpool (by CVP) — 2025
- Case reference
- 2401718/2022
- Decision date
- 10 December 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Johnson REPRESENTATION
Parties
2 namedClaimant
Roberto Iavarone
Key findings
Tribunal's reasoningThe Tribunal struck out specified parts of the claimant's complaints of disability discrimination, harassment, victimisation and constructive unfair dismissal under Employment Tribunal Rule 37(1)(e), on the basis that it was no longer possible to have a fair hearing in respect of those allegations.
The judgment identifies the affected allegations by reference to sections of the Final List of Issues. Other allegations of harassment, victimisation and constructive unfair dismissal were expressly unaffected by the judgment and were listed to proceed to a final hearing from 5 April to 23 April 2027.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Failure to make reasonable adjustments allegations under ss20 and 21 Equality Act 2010, sections 12 to 18 of the Final List of Issues, were struck out in their entirety under Employment Tribunal Rule 37(1)(e). | Struck out | Disability | — |
| Harassment | Harassment allegations under s26 Equality Act 2010, section 2(a) to (l) and (n) to (ii) of the Final List of Issues, were struck out. Section 2(m), (jj), (kk) and (ll) were unaffected and will proceed to the final hearing. | Struck out | — | — |
| Victimisation | Victimisation detriment allegations under s27 Equality Act 2010, section 9(a) to (d), (f) to (h), and (j) to (v) of the Final List of Issues, were struck out. Protected acts and detriments 9(e), (i), (w) and (x) were unaffected and will proceed to the final hearing. | Struck out | — | — |
| Constructive dismissal | Constructive unfair dismissal allegations under Part X Employment Rights Act 1996, section 22(a) to (fff) of the Final List of Issues, were struck out. Section 22(ggg) to (ppp) were unaffected and will proceed to the final hearing. | Struck out | — | — |
Legal tests applied
5 references- Employment Tribunal Rule 37(1)(e)
- s26 Equality Act 2010
- s27 Equality Act 2010
- ss20 and 21 Equality Act 2010
- Part X Employment Rights Act 1996
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.
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