Claimant v Dorset HealthCare University NHS Foundation Trust
Outcome
Individual claims
The tribunal struck out the specific allegation that the respondent provided a negative reference to Weymouth Manor Care Home. The claimant's assertion was found to be inexplicably in conflict with contemporaneous documentation: the respondent denied receiving a reference request or providing a reference, and the care home confirmed the claimant was not offered work due to restructuring, not because of any reference. The tribunal concluded there was no reasonable prospect of proving the factual basis of this allegation.
This claim continues to a full hearing listed for November 2025. No determination has been made at this stage.
This claim continues to a full hearing listed for November 2025. No determination has been made at this stage.
Facts
The claimant alleged she was subjected to whistleblowing detriment when the respondent NHS Trust provided a negative reference to Weymouth Manor Care Home, resulting in a withdrawn job offer. The claimant had a final written warning on file which the respondent admits was referenced in other references provided. However, the respondent denied ever receiving a reference request from or providing a reference to Weymouth Manor Care Home. Evidence from the care home stated the claimant was not offered work due to restructuring, not because of any reference.
Decision
The tribunal struck out the specific allegation regarding the Weymouth Manor reference, concluding there was no reasonable prospect of success. The claimant's factual assertion was found to be inexplicably in conflict with contemporaneous documentation from both the respondent and the care home. The remaining whistleblowing and discrimination allegations will proceed to a full hearing in November 2025.
Practical note
Strike out is appropriate even at a late stage where a claimant's factual assertion is demonstrably inconsistent with undisputed contemporaneous documentation, even in whistleblowing and discrimination cases where strike out is usually approached with caution.
Legal authorities cited
Statutes
Case details
- Case number
- 6002768/2023
- Decision date
- 10 December 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
- Rep type
- self
Claimant representation
- Represented
- No