Dr Geoffrey Ijomah v Nottinghamshire Healthcare NHS Trust — 2018

The hearing on 4 December 2018 before Employment Judge Moore sitting alone was not a merits hearing. It concerned whether the claimant had complied with an Unless Order made on 24 August 2018 requiring further particulars by 7 September 2018. The claimant filed further particulars on 7 September 2018, but the tribunal found that the protected disclosure allegations were stated only in generic terms, rather than by identifying what information was disclosed, to whom, and when.

The tribunal found that some detriment particulars were more specific, but that did not cure the defect because they depended on supporting disclosure particulars that still did not comply with the order. On the breach of contract claim, the claimant accepted that particulars of annual leave had been omitted, and the tribunal also found the remaining contractual allegations lacked sufficient detail as to which aspects of the contract were said to have been breached and how.

Applying the Rule 38 Unless Order guidance and finding a material breach of the order, Employment Judge Moore held that the section 47B whistleblowing claim, the section 103A unfair dismissal claim, and the breach of contract claim all stood dismissed.