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6013797/2024Struck Out

Patient Billing Ltd

2 February 2026England & WalesEmployment Judge Alliott
GOV.UK

Case Summary

The claimant's sex discrimination, harassment, and TUPE related claims were previously compromised in a COT3 agreement. The tribunal has now struck out the claimant's new claim as it has no reasonable prospects of success.

Key Issues

  • strike out
  • deposit order
  • leave to amend the claim

Claim Types

TupeDiscrimination SexHarassmentVictimisation

Decision Text

1 EMPLOYMENT TRIBUNALS Claimant: Kalpna Shah Respondent: Patient Billing Limited Heard at: Watford Employment Tribunal On: 20 January 2026 Before: Employment Judge Alliott Representation Claimant: In person Respondent: Mr Jesse Crozier (counsel) JUDGMENT The judgment of the tribunal is that:- 1. The claimant’s claim is struck out as it has no reasonable prospects of success (Rule 38 Employment Tribunal Rules of Procedure 2024). REASONS 1. This public preliminary hearing was listed by Employment Judge Shastri-Hurst on 8 August 2025 to: “Consider strike out and deposit order and whether the claimant should be given leave to amend the claim.” The evidence 2. I had a hearing bundle of 148 pages. 3. Mr Crozier provided me with a skeleton argument for which I am grateful. The facts 4. On 5 April 2023 the claimant was “TUPE” transferred from the Royal National Orthopedic Hospital NHS Trust to the respondent. 5. The claimant subsequently presented two claims before the employment tribunal (3304907/2023 and 3305499/2023) complaining about aspects of the TUPE 2 transfer and alleging discrimination, victimisation, harassment and bullying. From the context of the claims the protected characteristic was taken to be sex. 6. The claims were compromised in a COT3 agreement dated 12 October 2023. This provides:- “2. The Claimant irrevocably withdraws the proceedings numbered 3304907/2023 and 3305499/2023 in the Watford Employment Tribunal (the “Claims”) and confirms that they shall upon this agreement become legally binding through Acas email the Employment Tribunal withdrawing the claims in the form attached at Schedule 1 to this COT3. The Claimant confirms that they will copy the Respondents into this email withdrawing the Claims. The Claimant and the Respondents hereby confirm their understanding that the Claims will ...

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Employer

Respondent

Patient Billing Ltd

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Case Details

Case Number
6013797/2024
Decision Date
02/02/2026
Published
25/02/2026
Jurisdiction
England & Wales
Judge
Employment Judge Alliott