3303216/2021Struck out

Royal Berkshire NHS Foundation Trust

v Mr A Macleod

23 February 2026·Employment Tribunal·England & Wales·Employment Judge Hyams-Parish

Respondent

Royal Berkshire NHS Foundation Trust

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Decision date

23 February 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Hyams-Parish

Case Summary

The tribunal dismissed certain claims due to the claimant's failure to comply with an 'unless order', and struck out the claimant's remaining claims.

Why this outcome?

Unless order breach

The tribunal dismissed certain claims as an effect of an unless order dated 10 May 2024 that the claimant failed to comply with, and struck out the claimant's remaining claims.

Key Issues

  • effect of unless order
  • whether claims have been dismissed

Decision Text

Full PDF

Case Numbers: 3303216/2021 and others (see schedule) EMPLOYMENT TRIBUNALS Claimant: Respondent: Mr A Macleod v Royal Berkshire NHS Foundation Trust JUDGMENT 1. An effect of the order dated 10 May 2024 is that the following claims have been dismissed: 3303216/2021 3304381/2022 3315470/2022 3312616/2023 3312618/2023 3312620/2023 3312687/2023 3312688/2023 and 3312689/2023 2. The claimant’s other claims are struck out. REASONS INTRODUCTION 1. On 6 November 2025 I made an order including the following: “The claimant may, on or before 16 January 2026, provide written submissions in response to applications made by the respondent described at para 5(a)-(c) of the reasons below and subject to the conditions described in the reasons.” 2. Para 5(a)-(c) was: “a. That claims 6, 9, 13 and 15 – 20 (using reference numbers established by the respondent in their letter of 3 May 2024) had not been mentioned in the claimant’s table of allegations and therefore had been dismissed by virtue of the unless order. Her point, which I found on the face of it to be highly persuasive, was that para 7 of the order of 6 November 2023 (subsequently Case Numbers: 3303216/2021 and others (see schedule) incorporated into the unless order) required that in setting out an allegation the claimant must state the case number (later varied to also include the submission number) containing that allegation. Therefore by definition if that case number did not appear against an allegation in the table of allegations there was no compliance with para 7 and the claim must have been struck out by virtue of the unless order. One of the difficulties with the claimant’s lengthy table of allegations is it is very difficult to check, but it is amendable to being searched electronically so a search for the case number ought to show where (if at all) that case number is mentioned in the documen

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