Mr. J. Cheung v North West Anglia NHS Foundation Trust OPEN PRELIMINARY HEARING — 2022

Mr Cheung, a doctor employed by North West Anglia NHS Foundation Trust from 30 July 2019 to 25 August 2020, presented a claim on 20 January 2021. The claim was said to include breach of contract, failure to comply with the Working Time Regulations, and unlawful deduction from wages. At this open preliminary hearing, the tribunal first dealt with Mr Cheung's application for anonymity under Rule 50 and the respondent's application for an extension of time to file its response.

The anonymity application was refused. Mr Cheung said publication of the proceedings could affect his reputation and future employment prospects, but the judge held that the circumstances were not exceptional and was not satisfied that an anonymity order was necessary in the interests of justice, to protect Convention rights, or to protect confidential information. The tribunal therefore gave full weight to open justice.

The respondent's late ET3 was allowed. Applying the Rule 20 discretion and the factors from Kwik Save Stores Ltd v Swain, the judge accepted the respondent's explanation that it did not become aware of the proceedings until December 2021, accepted that the hospital acted promptly once aware, and found there was no deliberate failure to respond. The judge also noted that the claim as pleaded lacked sufficient factual detail, that Mr Cheung had not complied with the order for further particulars, and that it was not possible at that stage to assess the merits of the substantive claim. The balance of prejudice was found to favour the respondent, particularly as the claimant had sought postponement of the earlier preliminary hearing.