Case 2600741/2022 · Employment Tribunal

Dr. C Oyediran v Nottingham University Hospitals NHS Trust — 2023

Case reference: 2600741/2022
Decision date: 19 January 2023
Jurisdiction: England & Wales
Judge: Employment Judge Heap

Indexed: 20 May 2026

Parties

2 named

Claimant

Dr. C Oyediran

Respondent

Nottingham University Hospitals NHS Trust

Key findings

Tribunal's reasoning

At an open preliminary hearing before Employment Judge Heap sitting alone, the tribunal found that Dr C Oyediran was not an employee of Nottingham University Hospitals NHS Trust within the meaning of s.230(1) Employment Rights Act 1996 at the material time for the complaints of constructive unfair dismissal, unpaid notice pay and redundancy payment. The tribunal held that he therefore had no standing to continue with those complaints and struck them out under Rule 37 of the Employment Tribunals Rules of Procedure 2013 as having no reasonable prospect of success.

The tribunal also struck out the complaint relating to a comment said to have been made by Dr Winter in October 2016. It held that the complaint had no reasonable prospect of success because the Respondent could not be liable for that act under s.109 Equality Act 2010. The written judgment does not identify the protected characteristic or discrimination head attached to that complaint.

The complaints of unauthorised deductions from wages, "other payments" and holiday pay were dismissed on withdrawal by the Claimant. The judgment records that the remaining complaints were unaffected by this preliminary hearing decision. No remedy award was recorded.

Claims and outcomes

7 findings recorded

This case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Constructive dismissal	The constructive unfair dismissal complaint was struck out because the tribunal found the Claimant was not an employee within s.230(1) Employment Rights Act 1996 at the material time and therefore had no standing.	Struck out	—	—
Breach of contract	The unpaid notice pay complaint was struck out because the tribunal found the Claimant was not an employee within s.230(1) Employment Rights Act 1996 at the material time and therefore had no standing.	Struck out	—	—
Redundancy	The redundancy payment complaint was struck out because the tribunal found the Claimant was not an employee within s.230(1) Employment Rights Act 1996 at the material time and therefore had no standing.	Struck out	—	—
Other	The complaint about a comment said to have been made by Dr Winter in October 2016 was struck out as having no reasonable prospect of success because the Respondent could not be liable for that act under s.109 Equality Act 2010. The extracted judgment does not state which protected characteristic or discrimination head this complaint concerned.	Struck out	—	—
Unlawful deduction from wages	The unauthorised deductions from wages complaint was dismissed on withdrawal by the Claimant.

Legal tests applied

3 references

Official outcome judgment PDF

Gov.uk primary record

The 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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