Louis Tshimuanga v East London NHS Foundation Trust — 2021

The tribunal struck out the remaining and later claims and dismissed the proceedings. It held that there was no reasonable prospect of the claimant establishing that colleagues colluded against him because he was Congolese, or that any aspect of the respondent's handling of the matter had any connection with race or nationality.

The judgment relied on the undisputed background that the claimant had been convicted of assaulting a patient, his appeal against conviction had failed, and he had later been struck off by the Nursing and Midwifery Council. In that context, the tribunal found there was no prospect of a viable challenge to the fairness of the dismissal or appeal outcome on the bases advanced.

As to the remaining allegations about continued suspension and delay in convening the disciplinary hearing, the tribunal found no financial detriment because the claimant remained on full pay, and considered suspension inevitable while the criminal case was unresolved. It concluded that the later claims merely recycled matters already struck out under new headings and that all of the claims before it had no reasonable prospect of success.