R Lavarone v Alder Hey Children’s NHS Foundation Trust: 2401718/2022

EMPLOYMENT TRIBUNALS

Case No 2401718/2022

Between

R LavaroneClaimant

Alder Hey Children’s NHS Foundation TrustRespondent

Before

Employment Judge Johnson

Unrepresented for claimant

Matt Smith (instructed by solicitor) for respondent

Date 11 December 2025

JUDGMENT

The judgment of the Tribunal is that:(1) The complaint of disability discrimination, harassment and victimisation in relation to the allegations specified in paragraph (2) below, is struck out under Employment Tribunal Rule 37(1)(e) because it is no longer possible to have a fair hearing in respect of it.

(2) The allegations of the substantive complaints from the ‘Final LIST OF ISSUES’ found within pages 279 to 296 which are struck out are as follows: a) Harassment (s26 Equality Act 2010), section 2 – (a) to (l), (n) to (ii); b) Victimisation detriments (s27 Equality Act 2010), section 9 – (a) to (d), (f) to (h), (j) to (v); c) Failure to make reasonable adjustments (ss20 & 21 Equality Act 2010), sections 12 to 18 – struck out in their entirety; and, d) Constructive unfair dismissal allegations (Part X Employment Rights Act 1996), section 22 – (a) to (fff). Case No: 2401718/2022

(3) The allegations from the Final LIST OF ISSUES that are unaffected by this judgment, and which will proceed to the final hearing currently listed to take place on 5 April to 23 April 2027 are as follows: a) Harassment (s26 Equality Act 2010), section 2 – (m), (jj), (kk) & (ll); b) Victimisation protected acts in their entirety and detriments (s27 Equality Act 2010), section 9 (e), (i), (w) & (x); and, c) Constructive unfair dismissal allegations (Part X Employment Rights Act 1996), section 22 – (ggg), (hhh), (iii), (jjj), (kkk), (lll), (mmm), (nnn), (ooo) & (ppp).