Claimant v The Christie Hospital NHS Foundation Trust

Outcome

Facts

The Claimant, a senior oncologist and former medical staff member at a leading NHS cancer hospital, brought whistleblowing claims. The Respondent applied to strike out the claim based on two alleged incidents: a confrontation between the Claimant and a senior executive (Professor Harrison) in a car park in February 2024 where the Claimant held the executive's hand and used offensive language; and an unauthorised visit by the Claimant to hospital premises in October 2022. The Tribunal found the first incident occurred as alleged by the Respondent and constituted unreasonable conduct, but that the second incident had little connection to the proceedings.

Decision

The Tribunal refused the strike-out application. While it found the Claimant's aggressive conduct toward Professor Harrison met the definition of unreasonable conduct under Rule 37(1)(b), it concluded a fair hearing remained possible. The Tribunal considered the conduct was a sudden loss of control rather than calculated intimidation, the witness could still give evidence (including remotely if necessary), and strike-out would be disproportionate given the seriousness of the underlying whistleblowing allegations.

Practical note

Legal authorities cited