Homerton University Hospital NHS Foundation Trust

Judgment approved by the court for handing down Ajaz v Homerton Hospital NHS Foundation Trust © EAT 2023 Page 1 [2023] EAT 142 Neutral Citation Number: [2023] EAT 142 Case No: EA-2022-000447-AS IN THE EMPLOYMENT APPEAL TRIBUNAL 7 Rolls Building Fetter Lane, London EC4A 1NL Date: 24 November 2023 Before: JUDGE KEITH Between: DR SARA AJAZ Appellant - and - HOMERTON UNIVERSITY HOSPITAL NHS FOUNDATION TRUST Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr Stuart Brittenden, instructed by Rahman Lowe, for the Appellant Ms Betsan Criddle KC, instructed by Hempsons, for the Respondent Hearing date: 21 September 2023 - - - - - - - - - - - - - - - - - - - - - JUDGMENT - - - - - - - - - - - - - - - - - - - - - Judgment approved by the court for handing down Ajaz v Homerton University Hospital NHS Foundation Trust © EAT 2023 Page 2 [2023] EAT 142 SUMMARY Practice and Procedure The Employment Judge erred in concluding that rule 52 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 prevented the Appellant from raising new claims of detriments pursuant to section 47B of the Employment Rights Act 1996, (‘ERA’), after an Employment Judge had dismissed, on the Appellant’s withdrawal, an earlier claim of different detriments, but based on the same protected disclosures. The further claims alleging new detriments did not raise the same, or substantially the same, complaints. The EJ’s analysis of whether issue estoppel applied in the context of a summary judgment was not sufficient. However, while the EJ was incorr…