Cheshire & Wirral Partnership NHS Foundation Trust

Case No. 2402583/2023 1 EMPLOYMENT TRIBUNALS Claimant: Miss R Wadkin Respondent: Cheshire & Wirral Partnership NHS Foundation Trust Heard at: Manchester (by CVP) On: 19 April 2024 Before: Regional Employment Judge Franey (sitting alone) Representatives For the claimant: In person For the respondent: Mr A Gibson, Solicitor JUDGMENT The respondent’s application to strike out the claim under rule 37(1)(a) is dismissed. REASONS Introduction 1. This was a public preliminary hearing conducted by video using the HMCTS Cloud Video Platform. Its purpose was to determine an application made by the respondent to strike out the claim under rule 37(1)(a) on the basis that it was an abuse of process and/or had no reasonable prospect of success. 2. I had a bundle of documents running to 124 pages, and any reference in these Reasons to page numbers is a reference to that bundle. 3. Understandably, neither side had envisaged that any witness evidence would be called, but during discussion with Mr Gibson at the start of the hearing it became apparent that he did intend to challenge some of the facts put forward by the claimant in the bundle of documents and in her response to the application. The claimant agreed that she would give evidence and did so pursuant to an affirmation. Mr Gibson asked her questions about the relevant facts. Case No. 2402583/2023 2 4. After I heard her evidence I had an oral submission from each party before giving an oral judgment with brief oral reasons. The claimant asked for written reasons to help her process the decision and the reasons for it. Background 5. The claimant was employed as a Business Development Manager for the respondent. By the start of November 2022 she had presented three Employment Tribunal ...