Mr S Morley v Sandwell and West Birmingham NHS Trust: 6015742/2024
JUDGMENT
[1]The Respondent’s Application for strike out and/or deposit orders in the alternative is dismissed. The Tribunal does not consider that there is no reasonable prospect of the claimant succeeding in his claims or that there is little reasonable prospect of succeeding.[2]The stay imposed by the Order of EJ Broughton on 10 February 2026 is lifted; for the avoidance of any doubt, the DRA shall proceed on 8 July 2026 and the final hearing shall proceed on 27 July to 3 August 2026 per the Order of EJ Meichen dated 11 August 2025.[3]The claimant must make an application for the final hearing to be adjourned due to medical circumstances concerning Ms Christine Rickards by 4pm 9 June 2026 and any such application must provide evidence addressing: 3.1. why Ms Rickard’s would be medically unfit to be provide evidence at the final hearing together with such medical evidence as is reasonably required in support; Case Number 6015742/2024 3.2. whether any measures could sensibly be sought from the Tribunal to enable Ms Rickards to provide evidence (e.g. remote attendance, breaks, room adjustments etc); 3.3. why Ms Richards needs to provide evidence herself in any event and why evidence on the issues of note that she might otherwise provide cannot be given by other witnesses for the respondent why no other witness for the respondent can provide appropriate relevant evidence on the same issues as Ms Rickards might provide (the Tribunal notes, the primary focus of evidence from Ms Rickards is likely to relate to why she was assisted to find a new band 6 role following cessation of being a convenor, why she was permitted more than two two-year terms as convenor, and details of her qualifications, details of the “extenuating circumstances” referenced by the respondent – all of which, the respondent may have in its own right).[4]The Respondent shall provide to the Claimant a draft bundle of documents by 4pm 8 June 2026. The Claimant shall identify any further documents to go into the bundle and send them to the Respondent, by 4pm 19 June 2026.[5]The Respondent shall provide to the Claimant the final paginated documents bundle by 26 June 2026.[6]The parties shall provide to the other any witness evidence upon which they intend to rely by 4pm on 3 July 2026, in default of which, the defaulting party’s statement of case shall stand struck out without further other. The Tribunal has made this order in light of the failure to comply, by both parties, with previous directions and with a view to ensuring that the final hearing date is met.[7]The Dispute Resolution Hearing listed for 8 July 2026 shall be in private, not public, as noted on the notice from 10 February 2027. Clarification of the Claimant’s Case[8]The Claimant has clarified his case in setting out the way in which the pressure, referred to in the list of issues at points 2.1.1.2 and 5.1.2 of the Case Management Order of EJ Meichen of 11 August 2025 in the following way: 8.1. The Claimant was encouraged to stand down from his role as convenor (in circumstances he believed he was entitled to a further year in his term); and 8.2. The claimant was told that if he were to remain a convenor, he would do so at band 2 pay only. The parties are reminded of their right to request written reasons within 14 days of receipt of this judgment or order. EJ Kelly 1 June 2026