Claimant v Kingston Hospital NHS Foundation Trust
Outcome
Individual claims
The claim was struck out on the papers after the tribunal gave notice that it had no reasonable prospect of success because the tribunal does not have jurisdiction to hear it. The claimant failed to make representations or request a hearing in response to the unless order dated 16 January 2025.
Facts
Miss Gregor brought a claim against Kingston Hospital NHS Foundation Trust and Elizabeth Raderecht. The tribunal identified that the claim had no reasonable prospect of success because the tribunal lacked jurisdiction to hear it. On 16 January 2025, the tribunal gave the claimant an opportunity to make representations or request a hearing as to why the claim should not be struck out.
Decision
The tribunal struck out the claim on the papers because the claimant failed to respond to the unless order by making written representations or requesting a hearing. The scheduled hearing for 4 April 2025 was cancelled.
Practical note
Failing to respond to a tribunal's unless order regarding strike-out will result in the claim being struck out without a hearing, even where a full merits hearing had been listed.
Case details
- Case number
- 6012967/2024
- Decision date
- 25 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No