A Mohammed v Guy's and St Thomas' NHS Foundation Trust

A Mohammed v Guy's and St Thomas' NHS Foundation Trust

The employment tribunal erred in law by failing to direct itself to the relevant legal principles and by making an unless order that would strike out the entire claim for any material non-compliance, including in respect of complaints that were already particularised or not subject to a request for further...

Source-derived case information.

Parties
Appellant: Ms A Mohammed; Respondent: Guy's and St Thomas' NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
24 February 2023
Procedural Posture
Employment Appeal / Appeal Against Unless Order
Outcome
Appeal allowed
Legal Topics
Unless Orders, Case Management, Discrimination Claims, Particularisation of Claims, Strike Out Orders
Employment Law Civil Procedure Unless Orders Case Management Discrimination Claims Particularisation of Claims Strike Out Orders

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Summary, issues, holding and outcome

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Parties

Ms A Mohammed

Appellant

Guy's and St Thomas' NHS Foundation Trust

Respondent

Procedural Posture

Employment Appeal / Appeal Against Unless Order

Legal Issues

  1. 1 Whether the employment tribunal erred in law by making an unless order that would strike out the entire claim for any material non-compliance, including in respect of complaints already particularised or not subject to a request for further information.

Ratio Decidendi

The employment tribunal erred in law by failing to direct itself to the relevant legal principles and by making an unless order that would strike out the entire claim for any material non-compliance, including in respect of complaints that were already particularised or not subject to a request for further information, without considering whether such a draconian order was proportionate or necessary.

Court Disposition

Appeal allowed

Orders

  • Unless order set aside
  • Claimant to provide finalised answers to the draft list of issues within 14 days of the order allowing the appeal