Claimant v University Hospitals Of Morecambe Bay NHS Foundation Trust
Outcome
Individual claims
The claim was struck out for having no reasonable prospect of success. The alleged deductions related to 21, 22, and 23 October 2024, a period before the claimant was compliant with the respondent's mandatory health checks and before she received confirmation that her placement could proceed. The claimant failed to make sufficient representations as to why the claim should not be struck out.
Facts
Dr Oluwasola was engaged through agency MEDACS for temporary placement with the NHS Trust. She attended the Hospital on 21 October 2024 and shadowed a colleague, but was not compliant with mandatory occupational health checks. Her placement officer informed her she could not work due to non-compliance with health requirements, including vaccination status. She claimed unlawful deductions for wages for 21, 22, and 23 October 2024, during which time she attended the Hospital to resolve health compliance issues but had not received confirmation that her placement could proceed.
Decision
The tribunal struck out the claim under rule 38 on the basis it had no reasonable prospect of success. The alleged deductions related to a period before the claimant was compliant with mandatory health checks and before her placement was confirmed to proceed. The claimant failed to make sufficient representations to resist the strike-out application.
Practical note
Agency workers cannot claim wages for periods when they were not compliant with mandatory pre-placement requirements and had not received confirmation that their placement could commence.
Legal authorities cited
Statutes
Case details
- Case number
- 6010060/2025
- Decision date
- 25 July 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Doctor (temporary placement through agency)
Claimant representation
- Represented
- No