Leeds Teaching Hospitals NHS Trust

Case Summary

The claimant's complaints of direct disability discrimination and discrimination arising from disability were dismissed upon withdrawal. The complaint of unfair dismissal was struck out as having no reasonable prospect of success.

The unfair dismissal complaint was struck out because it had no reasonable prospect of success at a preliminary stage, while the discrimination complaints were dismissed upon the claimant's withdrawal.

• •no_reasonable_prospect_of_success
• •inherent_improbability

Case No: 1801250/2025 10.2 Judgment - rule 61 March 2017 EMPLOYMENT TRIBUNALS Claimant: Mr A Abuelmagd Respondent: Leeds Teaching Hospitals NHS Trust Heard at: Leeds On: 4 September 2025 Before: Employment Judge Maidment Representation Claimant: Mr Singh, Pupil Barrister Respondent: Mr A Sugarman, Counsel RESERVED JUDGMENT 1. The claimant’s complaints of direct disability discrimination and discrimination arising from disability in respect of his exclusion from work under MHPS on 4 March 2025 are dismissed upon the claimant’s withdrawal of them. 2. The claimant’s complaint of unfair dismissal is struck out as having no reasonable prospect of success. 3. The claimant’s complaints of discrimination arising from disability, a failure to make reasonable adjustments and indirect disability discrimination are struck out as having no reasonable prospect of success. REASONS 1. A complaint may be struck out if it has no reasonable prospect of success. The tribunal is given this power by Rule 38 of the Employment Tribunal Procedure Rules 2024. A complaint of discrimination should only be struck out as having no reasonable prospect of success in the most obvious and plainest of cases, it being recognised that discrimination cases are generally Case No: 1801250/2025 10.2 Judgment - rule 61 March 2017 fact sensitive - Anayanwu v South Bank Students’ Union and South Bank University [2001] IRLR 305. The claimant’s case must be taken at its highest. Nevertheless, a tribunal is entitled to strike out claims which are so inherently improbable that they can be regarded as “fanciful” and “baseless” – Ahir v British Airways Plc [2017] EWCA Civ 1392. In that …