Piotr Luc v Homerton Healthcare NHS Foundation Trust — 2022

This was a preliminary strike-out and case management hearing, not a final liability hearing. The tribunal linked the Claimant's other cases to this claim, kept Homerton Healthcare NHS Foundation Trust as the sole respondent, and recorded that all of the allegations were about the actions or intentional inaction of Liam Triggs. It also held that, to the extent a public interest disclosure claim was included, it was dismissed as having no reasonable prospect of success.

On the race discrimination side, the judge permitted the Claimant to add an allegation that Liam Triggs allowed Mica Wallis of human resources to view his occupational health records, which the Claimant said was direct race discrimination. The tribunal held that all allegations predating 26 April 2021 were out of time and declined to extend time, but said they could remain as background facts. The judge also noted the Claimant's case that Mr Triggs treated him badly because he was Polish.

The respondent's strikeout application to the first claim was refused. In doing so, the judge referred to Royal Mail Group Ltd v Efobi and Bahad v HSBC Bank Plc, and noted that discrimination claims are difficult to strike out. The judgment also recorded, as part of the linked claims, a separate allegation that Mica Huk treated the Claimant badly because he was male, which the Claimant described as a sex discrimination claim, but that issue was not determined in this judgment. No remedy was decided at this stage, and a further case management hearing was directed for October 2022.