Claimant v Ashford and St Peter's Hospitals NHS Foundation Trust
Outcome
Individual claims
The claimant withdrew the complaint of protected disclosure detriment at the preliminary hearing and the tribunal dismissed the complaint upon withdrawal.
Facts
Dr Nzekwue brought claims against an NHS Foundation Trust and three individual doctors. The case proceeded to a preliminary hearing to address case management issues. At the hearing, the claimant withdrew the protected disclosure detriment complaint and certain specific allegations from the agreed list of issues.
Decision
The tribunal dismissed upon withdrawal the complaint of protected disclosure detriment and allegations 8(f), (g) and (j) from the Agreed List of Issues. This was a procedural matter dealing with the claimant's decision to discontinue certain parts of the claim.
Practical note
This case illustrates that claimants can strategically withdraw specific complaints or allegations at preliminary hearings, which are then formally dismissed by the tribunal upon withdrawal.
Case details
- Case number
- 2304981/2022
- Decision date
- 4 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- Yes
- Rep type
- barrister