Mr Ousman Ahmad v West London NHS Trust RECORD OF A PUBLIC PRELIMINARY HEARING — 2024

At a public preliminary hearing on 23 October 2024 before Employment Judge Alliott, the claimant did not attend. The tribunal had earlier refused postponement requests based on broken glasses, lack of password access to documents, and later references to anxiety, depression and difficulty seeing without glasses. The judgment records that two earlier preliminary hearings had been postponed at the claimant's request, including one for a stammer-related reasonable adjustment request and one because the claimant said he was fasting during Ramadan.

The tribunal found the claimant's explanation for non-attendance to be "utterly spurious and unreasonable" and found no medical evidence supporting the conditions relied upon. It concluded that the claimant's conduct was deliberate, persistent, vexatious and unreasonable, and that he was seeking to manipulate the tribunal into postponing hearings. The judge also found that the proceedings were being pursued to harass the respondent and amounted to an abuse of process.

In assessing proportionality, the tribunal noted that the claimant had worked only three shifts for the respondent, averaging 5.66 hours per shift, and that he had been paid £26.35 holiday pay. It also noted that the claimant sought £500 in the first of his claims. Applying rule 37(1)(b) and rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, and directing itself by reference to Blockbuster Entertainment Ltd v James [2006] IRLR 630, CA, the tribunal held that strike out was a proportionate response. The claimant's claims were therefore struck out and no merits decision or monetary award was made.