Claimant v Imperial College Healthcare NHS Trust
Outcome
Individual claims
The tribunal granted reconsideration allowing the claim relating to the respondent not upholding the claimant's complaint or grievance of 22 May 2023 and 6 July 2023 to proceed, finding it postdated the earlier claim and could not have been raised then, and has reasonable prospects of success.
The tribunal granted reconsideration allowing the whistleblowing detriment claim relating to the respondent not upholding the claimant's complaint or grievance of 22 May 2023 and 6 July 2023 to proceed, finding it postdated the earlier claim and has reasonable prospects of success.
The tribunal allowed to proceed the allegation relating to not upholding the assertion that the claimant committed protected acts, finding this postdated the earlier claim and could not have been raised as part of claim 2214008/2023.
The tribunal found res judicata applied as Employment Judge Peer had previously determined the written agreement set out the basis of the contractual relationship, and alternatively the claim was barred under Henderson v Henderson as the claimant could and should have raised contract disputes in the earlier claim.
Facts
The claimant worked as bank staff for the NHS Trust on two brief assignments in March and May 2023. She submitted grievances on 22 May 2023 and 6 July 2023, and brought a first tribunal claim in August 2023 which was substantially struck out. She brought a second claim in July 2024 raising overlapping issues including complaints about how the grievances were handled and not upheld. The respondent applied to strike out the second claim on res judicata and Henderson v Henderson grounds.
Decision
The tribunal granted reconsideration in part, allowing claims relating to the respondent not upholding the claimant's grievances to proceed as these allegations postdated the first claim and could not have been raised then. The tribunal refused reconsideration on other grounds, maintaining that contract disputes and most other allegations were properly struck out under res judicata and Henderson v Henderson principles.
Practical note
On reconsideration applications, tribunals will allow new allegations to proceed if they relate to events that postdated earlier claims and could not reasonably have been included, but will strictly apply res judicata and Henderson v Henderson to bar re-litigation of matters that could and should have been raised previously.
Legal authorities cited
Case details
- Case number
- 2223380/2024
- Decision date
- 30 May 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
- Rep type
- self
Claimant representation
- Represented
- No