Jitendra Kumar Baachal v Royal Free London NHS Foundation Trust — 2026

At a preliminary hearing at Watford on 20 March 2026, Employment Judge Young considered the respondent's application to strike out claims brought by Jitendra Kumar Baachal against Royal Free London NHS Foundation Trust. The claimant had been employed as an Occupational Therapist from 23 October 2023 until 15 July 2024. The respondent's application relied in substance on its position that it had received an anonymous tip alleging that the claimant's qualifications were fraudulent before he started work, but the judge recorded that a dismissal discrimination complaint was not one of the claims being brought.

The tribunal refused to strike out the harassment related to disability and direct disability discrimination complaints. Applying the approach that the claimant's claims had to be taken at their highest, the tribunal held it could not say those complaints had no reasonable prospect of success. The judge noted that credibility, disputed facts, the context of statements about disability, and the inferences to be drawn were matters for the tribunal at the full hearing after evidence.

The tribunal struck out the victimisation complaint. Although the claimant had referred to retaliation in the claim form, he had not identified any protected acts. When asked, he said he did not know why the respondent had retaliated by reporting him to NHS Fraud and added that the respondent thought he had carried out fraud but he had not. The tribunal held that without any protected acts the victimisation complaint could not succeed. No remedy award was made in this strike out judgment.