Mr O Hall v NHS Blood & Transplant — 2024

Mr O Hall brought claims of unfair dismissal and disability discrimination arising from his dismissal by NHS Blood and Transplant. The tribunal recorded that he had been off sick with Long Covid from 20 November 2020, that he was dismissed for continuing ill-health capability with effect from 30 September 2024, and that the claim was presented on 10 December 2024. The hearing on 23 July 2025 was to decide the respondent's strike-out application, not the substantive merits of the dismissal or discrimination allegations.

The tribunal held that the new proceedings were an abuse of process and that cause of action estoppel was present. It reasoned that the claimant knew of the dismissal decision by 22 May 2024, had representation during the earlier litigation, could have applied to amend his existing claim or issued fresh proceedings before the final hearing or at least before the remedy hearing, and in fact had already relied on the dismissal when loss of earnings and injury to feelings were assessed in the earlier case.

The tribunal also found the claim abusive under the wider Henderson v Henderson principle and, alternatively, issue estoppel. It accepted the respondent's submission that the claimant was trying to raise points that could and should have been advanced earlier, and it found no special circumstances. Applying the broad merits-based assessment described in Moorjani, the tribunal concluded that the balance of prejudice and the public interest in finality of litigation favoured the respondent, and that a second set of proceedings would unjustly harass the respondent and use tribunal resources disproportionately.

The result was that the claim was dismissed in full under rule 38(1)(a) and/or as an abuse of process. No merits findings were made on whether the dismissal was unfair or whether the dismissal amounted to disability discrimination, and no monetary remedy was awarded in this case.