Claimant v NHS Blood and Transplant

Outcome

Facts

The claimant brought disability discrimination claims against NHS Blood and Transplant. She has two lifelong disabilities (PoTS and a cardiac condition). The respondent applied to strike out the claim due to the claimant's failure to comply with tribunal orders to disclose medical records. The claimant initially refused, arguing the respondent already knew about her disabilities and she did not want to delay treatment for other patients. After further orders, she struggled to understand what records were required. The claimant cross-applied to strike out the response, alleging the respondent behaved unreasonably by not conceding disability and by allegedly falsifying a tribunal order to obtain confidential whistleblowing documents.

Decision

Employment Judge Joffe refused both strike-out applications. The judge found that while the claimant initially wilfully breached orders, she later made genuine efforts to comply and was confused about what was required. A fair trial remained possible, particularly as both parties agreed to postpone the March 2025 hearing for consolidation with later claims. The respondent was entitled to wait for full medical records before conceding disability, and its request for documents referred to in the claim form was not unreasonable conduct justifying strike-out.

Practical note

Legal authorities cited