Ms S Lindsay v NHS England

Case Number: 2208565/2022

EMPLOYMENT TRIBUNALS Claimant: Ms S Lindsay Respondent: NHS England Heard at: London Central (by CVP) On: 6 June 2024 Before: Employment Judge Khan (sitting alone) Appearances For the claimant: In person For the respondent: Mr H Dhorajiwala, counsel

JUDGMENT Save for the allegations that the institution of the disciplinary proceedings and the decision to dismiss the claimant amounted to direct discrimination on the grounds of the claimant’s race, the race discrimination complaint is struck out under rule 37 of the Employment Tribunals Rules of Procedure 2013.

REASONS

1. The respondent applied to the tribunal on 21 May 2024 to strike out the remaining complaint of race discrimination on the grounds of: (i) the claimant’s continued non-compliance with the tribunal’s orders; (ii) the claim not being actively pursued; or (iii) the claim having no reasonable prospect of success.