NHS England

EMPLOYMENT TRIBUNALS Claimant: Mr D Heath Respondent: NHS England Heard at: London South Employment Tribunal (in public via CVP) On: 9 October 2025 Before: Employment Judge T Perry Appearances For the claimant: In person For the respondent: Mr D Bayne (Counsel) RESERVED JUDGMENT The Respondent’s application to strike out the Claimant’s claims is dismissed. REASONS 1. The application before the Tribunal is the Respondent’s request to strike out the entirety of the Claimant’s claim under rule 38 on the following basis: b) that the manner in which the proceedings have been conducted by or on behalf of the Claimant ... has been scandalous, unreasonable or vexatious; c) for non-compliance with ... an order of the Tribunal; and e) that the Tribunal consider that it is no longer possible to have a fair hearing in respect of the claim. Or alternatively to strike out those parts of the Claimant’s claims that have no reasonable prospects of success, specifically those claims which the Tribunal has no jurisdiction to consider including claims against third parties such as the Employment Tribunal. 2. I have before me a bundle of 1059 pages from the Respondent. I have before me from the Claimant the following documents provided in advance of and after the hearing: a. Claimant’s comments on Bevan Brittan’s letter of 17 July 2025; b. Claimant’s comments on Bevan Brittan’s letter of 22 August 2025; c. Claimant’s objection to strike out application submitted 1 October 2025; d. Claimant’s draft list of issues v4 and summary v4; e. Comparison table NHSE vs v13; f. Claimant’s emails dated 9 October 2025, 30 October 2025 (07:05), (07:09), (07:12), 31 October 2025 (16:51) plus attachments. Notable amongst which are v5 of the Claimant’s list of issues and Claimant’s objection to strike out dated 30 October 2025. 3. I heard oral submissions from Mr Bayne and the Claimant. Mr Bayne took me throug...