Mr A Adegbite v The Pennine Acute Hospitals NHS Trust and others: 2404306/2018
JUDGMENT
[1]All claims against the first respondent are struck out save for the complaint of unlawful deductions from pay.[2]All claims against the second, third and fourth respondents are struck out and they are removed from the proceedings.REASONS
[1]On 9 July 2019 I made a deposit order requiring the claimant to pay a deposit as a condition of pursuing the contention that his resignation was really a dismissal (which underpinned his unfair dismissal and notice pay complaints). I also made deposit orders in relation to his complaints of direct race discrimination, victimisation and protected disclosure detriment. Deposits were additionally required if he wished to pursue any complaints against Dr Tierney or Dr McCallum personally.[2]The claimant did not pay any of those deposits and all those complaints are struck out.[3]The sole surviving complaint is of unlawful deductions from pay as recorded in paragraphs 17 and 18 of the list of complaints and issues annexed to my case management order sent to the parties on 16 July 2019. That is a complaint which can only be pursued against the employer, and Professor Makin is therefore no longer a respondent. That case has been listed for a two hour final hearing on 18 November 2019 and notice of hearing has been issued separately. Case No. 2404306/2018 2[4]The parties should consider whether this one outstanding matter can be resolved by agreement.