Claimant v Lancashire and South Cumbria NHS Foundation Trust

Outcome

Facts

This was a preliminary hearing concerning the claimant's application to strike out the respondent's response. The claimant, who was self-represented, applied under Rule 38 of the Employment Tribunal Rules of Procedure 2024 on the grounds that the respondent had conducted proceedings unreasonably and/or failed to comply with tribunal orders. The respondent NHS Trust was represented by counsel.

Decision

Employment Judge Leach sitting alone refused the claimant's application to strike out the respondent's response. The tribunal found that the grounds for strike-out under Rule 38 were not made out, allowing the respondent to continue defending the substantive claims.

Practical note