Birmingham and Solihull Mental Health NHS Foundation Trust

Case Summary

The claimant's claim is struck out as having no reasonable prospect of success, and as being totally without merit. The issues raised have already been extensively considered and rejected in previous judgments.

The tribunal struck out the claim under Rule 37 because it has no reasonable prospect of success, and the issues raised have already been extensively considered and rejected in previous judgments.

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• •access to or acceptance on an education course within Part 6 Equality Act 2010

Case No:1310186/2020 6.2 Strike out Judgment – claim - rule 37 EMPLOYMENT TRIBUNALS Claimant: Dr R Heal Respondent: Birmingham and Solihull Mental Health NHS Foundation Trust Tribunal: London Central Date: 31 March 2022 JUDGMENT (1) The claimant’s claim is struck out under Rule 37 Employment Tribunal Rules of Procedure 2013 because it has no reasonable prospect of success. (2) The claimant’s claim is also totally without merit. REASONS Background 1 By a letter dated 7 December 2021 the Tribunal wrote to the claimant to warn him that the tribunal was considering striking out the whole of the claimant’s claim because it has no reasonable prospect of success. 2 The reasons for the strike out warning were that: (1) It appears to Employment Judge A James that the issues which arise from the current claim have already been considered extensively at the preliminary hearing in case no 1303049/2018 & others. The hearing took place between 1 to 4 December 2020. The judgment is dated 24 December 2020 (‘The PH1 Judgment’). (2) The conclusions in relation to the following issues appear to be particularly relevant. a. Issue 1 - whether the universities are higher education institutions within the meaning of section 91 Equality Act 2010. In this case, it Case No:1310186/2020 6.2 Strike out Judgment – claim - rule 37 appears to be beyond doubt that the University of Birmingham, to whom applications must be made, is such an institution as well. b. Issue 2 - whether the claims concern training or guidance to which the governing body of the respondent universities have powers to afford access within section 56(5) Equality Act 2010. In this case, similar conclusions would appear to be likely in relation to the University of Birmingham. It is to the University that applications must be made, rat…