Kalpna Shah v Patient Billing Limited — 2026

The claimant was TUPE transferred from the Royal National Orthopedic Hospital NHS Trust to the respondent on 5 April 2023. Earlier proceedings (3304907/2023 and 3305499/2023) were compromised by a COT3 agreement dated 12 October 2023, which the tribunal found to be in full and final settlement of all claims arising out of or in connection with the claimant's employment and its termination, save for specified exceptions. Employment Judge Forde dismissed those claims following withdrawal on 12 October 2023.

At this public preliminary hearing the tribunal considered the present claim (concerning alleged failings around the claimant's pension arrangements following the TUPE transfer) and proposed amendments raising claims of unauthorised deduction of wages, breach of contract regarding salary and holiday pay, disability discrimination, harassment related to disability and victimisation. Taking the claimant's case at its highest, the tribunal held that all the claims and proposed amendments were covered by the wording of the COT3 agreement and therefore had no reasonable prospect of success. The claim was struck out under Rule 38 of the Employment Tribunal Rules of Procedure 2024.

The respondent applied for costs limited to counsel's brief fees. The tribunal found that the claimant had acted unreasonably in bringing the proceedings and that she could reasonably have been expected to know her claims had no reasonable prospect of success in light of the plain wording of the COT3 and warning letters from the respondent. Taking into account the claimant's means, the tribunal reduced the brief fee from £5,500 to a reasonable £3,000 and allowed £1,750 for a refresher, making a costs order in the sum of £4,750.