Case 2411176/2021 · Employment Tribunal
Mr N P Kumar v University Hospitals Of Morecambe Bay NHS Foundation Trust — 2024
- Case reference
- 2411176/2021
- Decision date
- 8 November 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Phil Allen
Parties
2 namedClaimant
Mr N P Kumar
Key findings
Tribunal's reasoningThe respondent applied to strike out parts of the claim under rule 37(1)(e) of the Employment Tribunal Rules of Procedure, arguing that it was no longer possible to have a fair hearing. The tribunal recorded that the application under rule 37(1)(e) was the only matter addressed in this judgment; a deposit application and a rule 37(1)(a) strike-out application were dealt with separately.
Employment Judge Phil Allen considered that the matters relied on in the claim dated back to 2017, that some evidence related to the Covid pandemic and the operation of an NHS Trust during that period, and that the claim had been entered in September 2021. The respondent's dismissal decision-maker had died in March 2023, and the respondent intended to call the HR person who supported that decision-maker while identifying difficulties with recall. A final hearing listed for June 2024 had been postponed following the claimant's application supported by medical evidence, and the final hearing had been relisted for February 2026.
The tribunal considered rule 37(1)(e), the IDS Handbook chapter relied on by the respondent, and the authorities in Leeks and Mukoro. The judge noted concern about the claimant's ability to conduct a ten-day final hearing in February 2026 without representation, and about the burden on the respondent and its witnesses if the hearing again did not proceed. The judge also recorded concern about delay, historic facts, disclosure issues, recall of Covid-period decisions, and the deceased key witness.
Applying the rule and the overriding objective, the tribunal did not conclude on the limited medical evidence and the claimant's submissions that it was no longer possible to have a fair hearing. The strike-out application under rule 37(1)(e) was dismissed. The tribunal added that if the February 2026 final hearing could not be conducted, the respondent's arguments on this point might then be very strong. No remedy was awarded in this judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The judgment determined only the respondent's application to strike out the claim under rule 37(1)(e) on the ground that it was no longer possible to have a fair hearing. It did not adjudicate the underlying unfair dismissal, disability discrimination, health and safety or public interest disclosure allegations. | Dismissed | — | — |
Legal tests applied
4 references- rule 37(1)(e) Employment Tribunal Rules of Procedure
- Leeks v University College London Hospitals NHS Foundation Trust [2024] EAT 134
- Mukoro v Independent Workers' Union of Great Britain UKEAT/1028/19
- overriding objective
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.
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