Claimant v HCA International Limited
Outcome
Individual claims
For the First Claimant (Ms Kearey), some detriment claims (paragraphs 4.1.3-4.1.7 and 4.1.13-4.1.17) were struck out as having no reasonable prospects of success, while other protected disclosure detriment claims were allowed to proceed to full hearing.
The Second Claimant's (Ms De Souza's) whistleblowing claims were not addressed at this preliminary hearing and proceed to full hearing.
For the Third Claimant (Ms Mallan), some detriment claims (paragraphs 26.1.8-26.1.12 and 26.1.17-26.1.19, 26.1.21-26.1.22) were struck out as having no reasonable prospects of success, while other protected disclosure detriment claims were allowed to proceed.
Facts
Three claimants (Ms Kearey, Ms De Souza, and Ms Mallan) brought claims of protected disclosure detriment against their employer HCA International Limited. The respondent applied to strike out certain specific detriment allegations on the basis they had no reasonable prospects of success.
Decision
The tribunal struck out multiple specific detriment allegations for the First and Third Claimants on the basis they had no reasonable prospects of success. However, the remaining protected disclosure detriment claims for all three claimants were allowed to proceed to a full merits hearing.
Practical note
Respondents can successfully strike out individual detriment allegations within whistleblowing claims on a preliminary basis where they demonstrate no reasonable prospects of success, while allowing other allegations to proceed.
Case details
- Case number
- 2221330/2024
- Decision date
- 31 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- solicitor