Claimant v NHS Professionals Limited
Outcome
Individual claims
The tribunal found that three specific complaints of detriment under s.47B ERA 1996 (paragraphs 3.1.1, 3.1.3 and 3.1.6 of the List of Issues) had no reasonable prospects of success and struck them out under rule 38.
Other detriment claims not specified in paragraphs 3.1.1, 3.1.3 and 3.1.6 were allowed to proceed to a future hearing.
Facts
Miss Munn brought whistleblowing detriment claims against NHS Professionals Ltd under s.47B ERA 1996. At a preliminary hearing, the respondent applied to strike out certain specific allegations as having no reasonable prospects of success.
Decision
The tribunal struck out three specific detriment complaints (paragraphs 3.1.1, 3.1.3 and 3.1.6) under rule 38 as having no reasonable prospects of success. The remainder of the claim was allowed to proceed to a future hearing.
Practical note
At preliminary hearings, tribunals can strike out individual allegations within a whistleblowing claim where those specific complaints have no reasonable prospect of success, while allowing other parts of the claim to proceed.
Legal authorities cited
Statutes
Case details
- Case number
- 1400479/2024
- Decision date
- 26 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No