Dr. A. Oluwasola v University Hospitals Of Morecambe Bay NHS Foundation Trust — 2025

The Tribunal heard the respondent's application under rule 38 of the Employment Tribunal Rules of Procedure 2024 to strike out Dr. A. Oluwasola's claim for unlawful deductions from wages under section 13 Employment Rights Act 1996. The claim concerned payments she said were due for 21, 22 and 23 October 2024. The hearing was by video before Judge Callan on 25 July 2025, with the claimant appearing in person and the respondent represented by Ms. P. Mather.

The Tribunal recorded that the claimant had attended the hospital on 21 October 2024, received security badges and shadowed a colleague, but was not compliant with the respondent's health checks before the placement could commence. She was then told by her placement officer at MEDACS that she could not work because of an occupational health compliance issue. She returned on 22 and 23 October 2024 to try to resolve vaccination and BCG scar matters, but had not received confirmation that the placement would proceed.

The Tribunal held that the claimant did not make sufficient representations against strike-out and concluded that the alleged deductions related to a period before she was compliant with the respondent's health checks and before she had received confirmation that the placement was proceeding. On that basis, the claim was struck out for having no reasonable prospect of success.