Oxford University Hospitals NHS Foundation Trust

Case Summary

The case concerns a preliminary hearing where the Employment Judge determined that the claimant was not a disabled person, the claims for unfair dismissal and breach of contract were made prematurely, and the tribunal had jurisdiction. The judge reserved judgment on other issues.

• •determination of whether the Claimant was a disabled person at the material time within the meaning of section 6 Equality Act 2010
• •determination of whether the claims for unfair dismissal and breach of contract were made prematurely
• •determination of whether the Tribunal lacks jurisdiction pursuant to the ACAS Early Conciliation process

Case No: 3311188/2023 EMPLOYMENT TRIBUNALS Claimant: Mr William Hickes Respondent: Oxford University Hospitals NHS Foundation Trust Preliminary Hearing in Public Heard at: Bury St Edmunds (by video) On: 11 November 2024 Before: Employment Judge Boyes (sitting alone) Representation Claimant: In person Respondent: Mr Kennedy, counsel RESERVED JUDGMENT on a PRELIMINARY ISSUE Judgment: 1. The Claimant has complied with the relevant Early Conciliation requirements. 2. The unfair dismissal claim was made in time and so the Tribunal has jurisdiction to determine the unfair dismissal claim. 3. The breach of contract claim was made prematurely. The Tribunal has no jurisdiction to deal with the breach of contract claim. 4. The Claimant is not a Disabled Person within the meaning of section 6 Equality Act 2010. Other matters: 1. My Case Management Orders (including in relation to the Claimant’s amendment application) will be sent to the parties separately. 2. The case will now be listed for a 3 hour case management hearing by video. REASONS 1. I apologise to the parties for the delay in providing this reserved judgment because of health reasons. I apologise for any inconvenience and concern that the delay has caused. Case No: 3311188/2023 2. By a claim form presented to the Employment Tribunals on 26 September 2023, following Acas Early Conciliation between 24 July 2023 and 4 September 2023, the Claimant pursues complaints of constructive unfair dismissal, disability discrimination, sex discrimination, victimisation (section 27 Equality Act 2010), less favourable treatment of a fixed-term employee and breach of contract. 3. The Respondent denies liability in respect of all of the complaints. The Proceedings / Preliminary Hearing 4. The preliminary hearing was arranged in order to: i. Determine whether…