Royal Free London NHS Foundation Trust

Case Summary

The claimant, an Occupational Therapist employed by an NHS Trust hospital from October 2023 to July 2024, brought complaints of harassment related to disability, direct disability discrimination, and victimisation. Employment Judge Young struck out the victimisation complaint as having no reasonable prospect of success due to the absence of any identified protected acts, but declined to strike out the harassment and disability discrimination complaints, finding they had a reasonable prospect of success when taken at their highest, particularly given disputed factual issues requiring full hearing evidence.

The victimisation complaint was struck out because the claimant failed to identify any protected acts, which are an essential element of a victimisation claim. The harassment and disability discrimination complaints were not struck out because, taken at their highest, they have a reasonable prospect of success, involving disputed factual issues regarding whether the respondent's conduct was related to the claimant's disability and whether inferences of discrimination can be drawn, matters requiring full hearing evidence rather than preliminary assessment.

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• •Strike out application under rule 38(1)(a) - no reasonable prospect of success
• •Harassment related to disability
• •Direct disability discrimination
• •Victimisation complaint - absence of protected acts
• •Claimant's credibility and alleged fraudulent qualifications
• •Whether disputed facts regarding disability disclosure relate to discrimination claims

The full source document is available from the official publication page.