Claimant v Oxleas NHS Foundation Trust
Outcome
Individual claims
Struck out pursuant to Rules 38(1)(a), 38(1)(c), and 38(1)(e). The claim was jurisdictionally out of time with no basis for extension, lacked sufficient evidential or factual foundation with no reasonable prospect of success, and the Claimant's persistent non-compliance with Tribunal orders rendered a fair trial impossible.
Struck out pursuant to Rules 38(1)(a), 38(1)(c), and 38(1)(e). The claim was jurisdictionally out of time with no basis for extension, lacked sufficient evidential or factual foundation with no reasonable prospect of success, and the Claimant's persistent non-compliance with Tribunal orders rendered a fair trial impossible.
Struck out pursuant to Rules 38(1)(a), 38(1)(c), and 38(1)(e). The claim was jurisdictionally out of time with no basis for extension, lacked sufficient evidential or factual foundation with no reasonable prospect of success, and the Claimant's persistent non-compliance with Tribunal orders rendered a fair trial impossible.
Holiday pay claim struck out pursuant to Rules 38(1)(a), 38(1)(c), and 38(1)(e). The claim was jurisdictionally out of time with no basis for extension, lacked sufficient evidential or factual foundation with no reasonable prospect of success, and the Claimant's persistent non-compliance with Tribunal orders rendered a fair trial impossible.
Facts
Francis Taiwo brought claims against Oxleas NHS Foundation Trust for unfair dismissal, direct race discrimination, direct sex discrimination, and unlawful deduction of wages (holiday pay). The claimant appeared in person, supported by a non-legal representative, Mr P Penny. The respondent was represented by a solicitor advocate, Miss J Whiteley. The tribunal heard an application to strike out the claims.
Decision
The tribunal struck out all claims under Rules 38(1)(a), 38(1)(c), and 38(1)(e) on three separate grounds: the claims were jurisdictionally out of time with no basis for extension; they lacked sufficient evidential or factual foundation and had no reasonable prospect of success; and the claimant's persistent non-compliance with tribunal orders made a fair trial impossible with no lesser sanction being proportionate.
Practical note
Multiple grounds for strike-out can exist simultaneously, and persistent non-compliance with tribunal orders combined with jurisdictional and substantive defects will result in all claims being struck out even without a full merits hearing.
Case details
- Case number
- 2303113/2024
- Decision date
- 12 November 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No