NHS England

2306498 2024 1 EMPLOYMENT TRIBUNALS Claimant: Ms T Clarke Respondent NHS England Heard at London South (by CVP) On: 18/2/2026 Before: Employment Judge Mr J S Burns Representation Claimant: Ms L Caller (Solicitor) Respondent: Mr L Dilaimi (Counsel) JUDGMENT 1. The whole claim is struck out 2. The FMH listed for the period 19/10/26 to 27/10/2026 and any outstanding directions are cancelled. REASONS 1. I was referred to a bundle of 279 pages which contained, amongst other things, two written submissions from each side and a witness statement from the Claimant dealing with her means. 2. The claim is solely that the Claimant has suffered detriments during employment contrary to section 47B Employment Rights Act 1996. 3. The matter has been the subject of previous case management at a PH before EJ Cawthray in October 2025 in which a list of issues was produced which reflected amongst other things the Claimant’s case (first pleaded in paragraph 13 of the Particulars of Claim), that the claimed protected disclosure she relied on was as follows: On 4 August 2021 at 10:00, the Claimant informed David Grantham, Chief People Officer of University Hospitals Sussex NHS Foundation Trust, by email of the concerns relating to the advertised 8B Head of Security role in the Estates and Facilities Team at University Hospitals Sussex (UHS). .....The Claimant says David Grantham was employed by the Respondent and therefore he formed part of the employer and that the disclosure was made under section 43C(1)(a) of the Employment Rights Act 1996. 4. The parties have proceeded on that basis in their preparation and presentations today. 2306498 2024 2 5. Section 43C(1)(a) ERA 1996 provides that “a qualifying disclosure is made in accordance with this section if the worker makes the disclosure ... to his employe...