NHS Trust Fails to Strike Out Nurse's Unfair Dismissal Claims on Abuse of Process Grounds
An NHS Trust's appeal to strike out a nurse's unfair dismissal claims as an abuse of process has been dismissed.
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Employment Appeal Tribunal Upholds Nurse's Claims Against NHS Trust
The Employment Appeal Tribunal (EAT) has ruled that Wirral University Teaching Hospitals NHS Foundation Trust was wrong to attempt to strike out several factual allegations made by a former employee, Ms Moriarty, in her constructive unfair dismissal claim. The tribunal found that these allegations did not constitute an abuse of process under the principle established in Henderson v Henderson.
Ms Moriarty, a nurse, sustained a significant electric shock injury in 2016. She alleged that subsequent events, including a failure to properly investigate the incident and a course of conduct amounting to harassment and victimisation, led to her resignation. She had previously brought a claim in 2020, which was later withdrawn and dismissed.
In 2022, Ms Moriarty lodged a second claim, alleging constructive unfair dismissal. The Trust sought to strike out specific parts of her claim, arguing that these factual allegations, some relating to events prior to her first claim, should have been raised then and their inclusion now was an abuse of process. The tribunal, however, disagreed.
The EAT considered whether the Employment Tribunal had erred in its application of the Henderson v Henderson principle. The Trust argued that the tribunal judge was improperly influenced by the prospect of adversely affecting Ms Moriarty's chances of success. However, the EAT found no clear language to suggest misapplication of the law. Instead, the tribunal noted that the judge had correctly considered the circumstances, including that some particulars had not been litigated before and that the original claim was withdrawn at an early stage, making it difficult to ascertain its precise scope.
Furthermore, the EAT highlighted that the judge had properly taken into account that Ms Moriarty was acting in person during her initial claim. This fact, coupled with her evident confusion about how to present her case, meant that caution was required before concluding an abuse of process had occurred. The tribunal stressed that the principle of Henderson v Henderson requires a broad, merits-based judgment considering both public and private interests.
The appeal was dismissed, allowing Ms Moriarty to pursue the disputed allegations within her constructive unfair dismissal claim.
Read the entire judgment here: Wirral University Teaching Hospitals NHS Foundation Trust v Ms Moriarty EAT 48
