Claimant v South Devon NHS Foundation Trust
Outcome
Individual claims
Respondent's strike out application on grounds of no reasonable prospect of success was refused, allowing the claim to proceed to full hearing. Tribunal imposed a deposit order indicating little prospect of success.
Claimant's application to amend to include harassment on grounds of disability was granted by the tribunal. The claim will proceed to full hearing.
Claimant's application to amend to add a claim of detriment on grounds of protected disclosure was refused by the tribunal.
Claimant's application to amend to add automatic unfair dismissal on grounds of protected disclosure was refused by the tribunal.
Facts
Ms Ward brought claims against South Devon NHS Foundation Trust including constructive unfair dismissal. She applied to amend her claim to add harassment on grounds of disability, and detriment/automatic unfair dismissal on grounds of protected disclosure. The respondent applied to strike out the constructive dismissal claim for having no reasonable prospect of success.
Decision
The tribunal granted the amendment to add disability harassment but refused the whistleblowing-related amendments. The strike out application for constructive dismissal was refused, but the tribunal found little prospect of success and imposed a deposit order. The case will proceed to a full merits hearing on the remaining claims.
Practical note
A tribunal may refuse to strike out a constructive dismissal claim but still impose a deposit order where it finds the claim has little reasonable prospect of success, allowing the claim to proceed while signalling concerns about its merits.
Case details
- Case number
- 6013800/2024
- Decision date
- 28 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No