Cases6006432/2024

Claimant v South Western Ambulance Service NHS Foundation Trust

30 September 2025Before Employment Judge MidgleyBristolremote video

Outcome

Partly successful

Individual claims

Direct Discrimination(sexual orientation)struck out

The tribunal granted the respondent's application to strike out the claim on the basis that it had no reasonable prospects of success.

Unfair Dismissalnot determined

The tribunal refused the respondent's application to strike out or order a deposit. The claim will proceed to final hearing.

Discrimination Arising from Disability (s.15)(disability)not determined

The tribunal refused the respondent's application to strike out or order a deposit. The claim will proceed to final hearing.

Facts

Ms Moon brought claims against South Western Ambulance Service NHS Foundation Trust including direct sexual orientation discrimination, unfair dismissal, and discrimination arising from disability. The respondent applied to strike out all claims or alternatively for deposit orders. This was a preliminary hearing to determine those applications.

Decision

The tribunal struck out the direct sexual orientation discrimination claim as having no reasonable prospects of success. However, the applications to strike out or order deposits in respect of the unfair dismissal and discrimination arising from disability claims were refused, and those claims will proceed to a final hearing.

Practical note

Not all claims in a multi-claim case will meet the high threshold for strike-out at a preliminary hearing, even when brought by an unrepresented claimant against represented NHS respondent.

Case details

Case number
6006432/2024
Decision date
30 September 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No