Watford General Hospital

Case Summary

The claimant, a staff nurse, brought claims of race and sex discrimination against Watford General Hospital. The respondent applied to strike out the claim on the grounds of no reasonable prospects of success and that a fair trial was no longer possible. The tribunal dismissed both strike-out applications, finding that significant factual disputes between the parties should be resolved at a final hearing rather than at the preliminary stage.

The tribunal found that the significant factual disputes between the claimant and respondent did not meet the high threshold for striking out. Factual disputes require resolution at a final hearing where evidence can be heard on oath, and it remains possible to have a fair trial as key parts of the tribunal process had not yet been completed.

• •Application to strike out claim under Rule 38(1)(a) - no reasonable prospect of success
• •Application to strike out claim under Rule 38(1)(e) - no longer possible to have a fair hearing
• •Factual disputes between claimant and respondent regarding alleged false evidence

1 EMPLOYMENT TRIBUNALS Claimant: Mr Hughes Kadima Respondent: Watford General Hospital Heard at: Watford via video On: 11 March 2026 Before: Employment Judge MJ Smith Appearances For the claimant: In person For the respondent: Mrs Bijal Dalsania (solicitor) JUDGMENT 1. The application to strike out the claim under Employment Tribunal Rule 38(1)(a) is dismissed. 2. The application to strike out the claim under Employment Tribunal Rule 38(1)(e) is dismissed. REASONS Introduction 3. The claimant was employed by the respondent, a hospital, as a staff nurse, from 22 January 2024 until 23 August 2024. Early conciliation started on 22 October 2024 and ended on 21 November 2024. The claim form was presented on 27 November 2024. The claim was about race and sex discrimination. 2 4. A preliminary hearing was listed on 10 March 2026 to deal with the respondent’s strike out under rule 38(1)(a) and (e) of the Employment Tribunal Procedure Rules 204 on the basis that the claimant’s claim has no reasonable prospects of success and it is no longer possible to have a fair trial. 5. The claimant was given an opportunity to clarify his application and stated that the application was being made because the respondent had submitted false evidence against or about the claimant in relation to his claims. Law 6. Rule 38 of the Employment Tribunal Procedure Rules 2024 provides: 38.— Striking out (1) The Tribunal may, on its own initiative or on the application of a party, strike out all or part of a claim, response or reply on any of the following grounds— (a) that it ... has no reasonable prospect of success; ... (e) that the Tribunal considers that it is no longer possible to have a fair hearing in respect of the claim. The evidence before me 7. The Tribunal had the following documents at the Preliminary Hearing: a) Respondent’s Preliminary Hearing bundle of 47 pages 8. Both parties were…