Ms L E Katte v Homerton University Hospital NHS Foundation Trust — 2019

At the preliminary hearing on 1 August 2019, Employment Judge Prichard accepted that the claimant's nerve palsy, arising from an April 2015 road traffic accident, fell within section 6 of the Equality Act 2010. The respondent had already accepted that position by letter dated 13 June 2019. The claimant's original maternity, sexual orientation, age and sex discrimination claims had been withdrawn, leaving the disability-related allegations, a holiday pay claim, and issues about the reference and adjustments.

The judge said the 52-page detailed grounds were difficult to read and overloaded with legal references, and that the case as then pleaded was untriable. He stated that he was on the point of striking the claims out under rule 37(1)(a) and, unusually, rule 37(1)(e), but after the claimant asked for a second opinion he adjourned the preliminary hearing to 23 October 2019 and recused himself from future hearings. He also said the holiday pay complaint had no reasonable prospect of success in light of O'Hanlon v Commissioners of Revenue & Customs, and that he could not see a nexus between the reference complaint and the agreed disability.

On costs, the tribunal made an order under rule 76(1)(c) and rule 84 requiring the claimant to pay GBP 850 for the adjournment, noting that neither the claimant nor her representative said they had difficulty meeting that amount and referring to the claimant's Band 8A salary of nearly GBP 55,000. No substantive compensation or injury to feelings award was made in this judgment.