Mr F Gohar v Buckinghamshire Healthcare NHS Trust — 2025

This was a case management judgment on the Respondent's application to strike out. The Tribunal noted that, after its letter of 29 June 2025, the Respondent made a further application on 1 July 2025 without referring to the Claimant's 26 April 2025 correspondence, and then sent a further email on 3 July 2025 addressing that material and arguing that the evidence did not identify a relevant protected act under section 27(2) of the Equality Act 2010.

The Tribunal was satisfied that the Claimant's correspondence showed sufficient attempts to comply with the earlier orders, so strike out would not be proportionate even if there had been breaches. It also found that the Claimant had supplied the information required by the orders, and that strike out for alleged breaches of orders or alleged unreasonable conduct of the litigation was not appropriate.

The Tribunal did not strike out the claim on the basis of no reasonable prospects of success. It said that, to the extent the Respondent contended that the matters identified by the Claimant were not in fact protected acts, that issue should be dealt with at the final hearing with evidence and submissions from both parties. The Tribunal also stated that the only protected acts the Claimant could rely on at the final hearing were those already identified in the correspondence, unless he later made a written application to amend the claim.

The Tribunal directed the parties to continue with disclosure. It found that the Claimant had given the Respondent enough information about the alleged protected acts to search for relevant documents and make enquiries of others within its control, and ordered the Respondent to submit an amended response within 14 days of the judgment date. All hearings remained listed as previously notified.