2021

Former employee v Bath Cricket Club

A former employee's unfair dismissal claim against Bath Cricket Club was allowed to proceed after the tribunal ruled that a second early conciliation certificate obtained against a differently named entity was valid, rejecting the club's attempt to strike out the claim.

Outpatient Administration Clerk (4 years' service) v The Hospital of St John and St Elizabeth

An outpatient administration clerk with cervical spondylosis was constructively dismissed after the hospital failed to implement occupational health recommendations and moved her to a concierge role. The tribunal awarded £74,683.42.

Senior lecturer in physics (30 years' service) v University of Exeter

A senior physics lecturer at the University of Exeter has been awarded £100,969.78 after an employment tribunal found her dismissal for gross misconduct was unfair and that she was harassed for raising unconscious bias concerns.

Quality Assurance Technician (12 years' service) v Nestle UK Ltd

A Quality Assurance Technician with 12 years' service was unfairly dismissed after a breakdown in working relationships, but the tribunal found he contributed 100% to his dismissal and would have been dismissed anyway, resulting in no compensation.

Theatre Practitioner (Band 5) (19 years' service) v Croydon Health Services NHS Trust

A theatre practitioner with 19 years' service was constructively dismissed after her employer repeatedly demanded she remove a cross necklace, despite allowing other religious symbols. The tribunal found the trust's policy was inconsistently enforced and unjustified.

Finance Director v ABP (London) Investment Limited

A finance director who made protected disclosures about his employer's finances was automatically unfairly dismissed. The tribunal awarded £754,380.97 after the employer provided false evidence and failed to attend the final hearing.

Locality manager (6 years' service) v The Regard Partnership Limited

A locality manager who was diagnosed with stage 3 breast cancer was constructively unfairly dismissed after her employer advertised her role as a fixed-term post while she was on sick leave. The tribunal also upheld a claim of discrimination arising from disability.

Nurse v Indigo Care Services Ltd t/a Orchard Care Homes

A nurse who resigned and later tried to add whistleblowing claims had her case dismissed because the tribunal found she presented her claim too late.

Locum ENT doctor v Royal Cornwall Hospital NHS Trust

A locum ENT doctor at Royal Cornwall Hospital NHS Trust lost her race discrimination and harassment claim after the tribunal found her contract was ended due to COVID-19 financial pressures, not her race.

Team Leader (Hot End) (36 years' service) v Pilkington UK Limited

A team leader with 36 years' service was unfairly dismissed after covert surveillance showed him helping at a farm while on sick leave. The tribunal found the employer's procedure was flawed and the decision unreasonable.

Journalist (20 years' service) v Bloomberg L.P.

An employment tribunal has ruled that Bloomberg L.P. fairly dismissed a journalist with 20 years' service after he failed to meet performance targets under a second improvement plan. The claim for automatic unfair dismissal based on whistleblowing was rejected.

Band 2 Health Care Assistant in Emergency Department v University Hospital Southampton NHS Foundation Trust

An NHS trust fairly dismissed a health care assistant who had been absent for 14 months with work-related stress, the tribunal has ruled. The trust followed its attendance management policy and offered redeployment.

English teacher (part-time, variable hours) v Havant & South Downs College

A Black British English teacher was constructively unfairly dismissed after her college sent a harassing email about her 'throwing the E&D Black comment' and failed to contact her during sick leave. The tribunal found harassment and constructive dismissal but dismissed most race discrimination claims.

Senior nursing assistant (band 3) v Guy’s & St Thomas’s NHS Foundation Trust

A senior nursing assistant was unfairly dismissed after her employer required her to compete for sedentary roles despite medical advice. The tribunal awarded £21,173.

Retail assistant (5 years' service) v John Lewis plc

A tribunal found that John Lewis discriminated against a retail assistant with autism by removing her from a team leader training programme without specialist advice, but her later dismissal for striking a manager was fair.

Medical Secretary (part-time, 18.75 hours/week) v West London Mental Health NHS Trust

A medical secretary who resigned after alleging sexual harassment by a colleague lost her constructive unfair dismissal claim. The tribunal found the alleged behaviour did not occur and all claims were out of time.

Virtual Merchandising Administrator (probationary employee) v No Ordinary Designer Label Limited

A Black probationary employee who alleged race discrimination and harassment during her probation at Ted Baker (No Ordinary Designer Label Ltd) has had all her claims dismissed by the Central London Employment Tribunal.

Border Readiness Operative (less than 2 years' service) v MITIE Ltd

A Border Readiness Operative with less than two years' service was dismissed for being absent without leave after his authorised childcare leave ended. The tribunal upheld the dismissal, finding it was not automatically unfair.

Security guard (3 years' service) v CIS Security Limited

A security guard who was subjected to racist and sexist harassment by a colleague was constructively dismissed after her employer failed to properly address her grievance. The tribunal awarded £59,566.

Administrator / Regional Co-Ordinator (3 years' service) v Tudor Contract Cleaners Limited

A tribunal found that a manager's comment to a mixed-heritage employee during a grievance appeal hearing amounted to direct race discrimination and harassment, awarding £20,243 in injury to feelings.

Director of Public Services Reform (PSR) v London Borough of Hammersmith and Fulham

A director was dismissed while on sick leave, with the council backdating the dismissal letter to appear to predate her grievance. The tribunal awarded £3.78 million for disability discrimination.

Community support worker (5 years' experience) v Leicestershire County Council

A community support worker who resigned claiming constructive unfair dismissal and race discrimination has lost her case. The tribunal found no evidence of discrimination or fundamental breach of contract.

Regional Organiser (5 years' service) v UNISON

A regional organiser who was arrested in Tenerife for breaching Spain's COVID lockdown and then gave media interviews against instructions was fairly dismissed by UNISON, the tribunal has ruled.

Assistant accountant (construction company) v A Suman & Co Ltd

An assistant accountant who was employed for just 10 days had her unfair dismissal and disability discrimination claims thrown out after repeatedly failing to comply with tribunal orders and not attending a hearing.

Head of Finance for Grenfell (agency worker, CIPFA qualified accountant) v Royal Borough of Kensington and Chelsea

Two finance agency workers were sexually harassed by a colleague who said they were sleeping together and made crude remarks. The tribunal awarded £4,000 and £7,000 for injury to feelings.

Employee (car sales) v Mon Motors Ltd

An employee who resigned from Mon Motors Ltd and later claimed constructive unfair dismissal and sexual orientation discrimination had his claims dismissed because they were presented too late, despite his mental health difficulties and a family bereavement.

Contract worker (complex complaints handler) v MBNA Ltd and Paymaster (1836) t/a Equiniti Hazell Carr

A contract worker who raised health and safety concerns was subjected to detriments and dismissed. The tribunal found he was a worker, not an employee, but still protected under whistleblowing law.

Employee (37 years' service) v The Commissioners for Her Majesty's Revenue and Customs

An employee who resigned after 37 years' service and serious illness had her constructive dismissal claim dismissed because she missed the three-month time limit. The tribunal found it was reasonably practicable to bring the claim in time.

Assistant solicitor v Spring And Co Solicitors Ltd

An assistant solicitor was unfairly dismissed after being refused a postponement despite a fit note, but his award was cut by 50% for his own conduct. He received £1,177.51.

Teaching Assistant (12 years' service) v Calthorpe Teaching Academy

A teaching assistant with 12 years' service was unfairly dismissed after his school rejected his ill-health retirement application because of cost. The tribunal awarded £24,290.

Team Leader (care sector) v Lifeway Community Care Ltd

A care sector Team Leader who took a career break and then refused to return to work has lost his unfair dismissal and discrimination claims. The tribunal found he fabricated grievance documents to bolster his case.

Administrative Officer (AO) National, Child Support Agency v Department for Work and Pensions

An administrative officer was unfairly dismissed after attending a trade union conference while on sick leave and sending an email about a colleague. The tribunal found the process flawed and ordered re-engagement with a 30% reduction for contributory fault.

Takeaway food shop worker (2 years' service) v Bagelmania London Limited (in liquidation)

A pregnant takeaway shop worker was dismissed after her employer removed her from the rota, then faced a county court claim and threats of police action when she contacted ACAS. The tribunal awarded £40,000 for unfair dismissal, pregnancy discrimination and victimisation.

Court Worker / Offender Recovery Worker (10 years' service) v Blenheim CDP

A court worker with 10 years' service was constructively dismissed after her employer refused to adjust her start time or move her from a difficult team. The tribunal awarded £48,476.

Primary school teacher v South Essex Academy Trust

A tribunal found that South Essex Academy Trust failed to make reasonable adjustments for a disabled teacher by not providing all relevant grievance documents before a hearing. The teacher was awarded £5,860.27 for injury to feelings and unlawful wage deductions.

Full-time union official (firefighter on release) v Fire Brigades Union

A full-time union official was unfairly dismissed by the Fire Brigades Union after speaking at a Leave Means Leave rally. The tribunal awarded £8,308.45 in compensation.

Cleaner (29 years' service) v Miss B Gurney, Merali's Limited, Fordover Services Limited

A cleaner who worked for 29 years cleaning common parts of a building was found to be genuinely self-employed, meaning the tribunal had no power to hear her unfair dismissal and discrimination claims.

Customer care specialist (8 years' service) v Coloplast Limited

A customer care specialist with depression and anxiety was found to be disabled under the Equality Act, overturning an earlier tribunal decision that her condition was not long-term.

Live-in nanny (7 months' service) v A Limited

A live-in nanny who reported her employers to the NSPCC had her whistleblowing and discrimination claims struck out after waiting over a year to bring them to tribunal.

Consultant Forensic Psychiatrist (15 years' service) v Nottinghamshire Healthcare NHS Foundation Trust

A consultant forensic psychiatrist with 15 years' service was constructively unfairly dismissed after being given an ultimatum to resign, retire or face a conduct hearing following a patient suicide. The tribunal awarded £95,112.

Teacher (Head of Year, TLR1A) v Diocese of Westminster Academy Trust

A teacher who was asked to step down as Head of Year, not reappointed, and given negative references was constructively dismissed and suffered race discrimination. The tribunal awarded over £460,000.

IT Manager (4 years' service) v Crystal Ball Limited

An IT manager with complex regional pain syndrome was constructively dismissed after his employer became hostile when he requested reasonable adjustments. The tribunal awarded £30,011.

Finance Officer (bookkeeper/accountant) v Stratford Advice Arcade (A company limited by guarantee)

A tribunal ruled that a finance officer who worked for eight years on a freelance basis was a 'worker' but not an 'employee', meaning he can pursue claims for holiday pay and unlawful deductions but not unfair dismissal.

Roadside technician (patrol) (15 years' service) v The Automobile Association Developments Ltd

A roadside technician with 15 years' service resigned after his employer ended a temporary sign-on arrangement. The tribunal found no constructive dismissal or disability discrimination.

Telecommunications Systems Engineer (former military, 12 years' service with respondent) v Ministry of Defence

A telecommunications engineer with physical and mental health disabilities was unfairly dismissed and discriminated against by the Ministry of Defence. The tribunal awarded £147,809.69 in total damages.

Service desk consultant (IT help desk, 12-hour shifts) v Intergence Systems Limited

An IT help desk consultant was unfairly dismissed after her employer caved to client pressure following a missed handover email. The tribunal awarded £10,787.47, reduced by a third for her own fault.

Impact Project Coordinator (manager, Grade 8) v Wolverhampton City Council

An Impact Project Coordinator who was dismissed in a sham redundancy after being pressured to take voluntary severance has won her claims of unfair dismissal and direct race discrimination against Wolverhampton City Council. The tribunal awarded her £475,176.34.

Former employee v BJP Pufi Ltd

A former employee's unfair dismissal claim was struck out after she failed to pay a £300 deposit. The tribunal later revoked the strike-out because the deposit order was sent to the wrong email address.

Senior Lending Manager (homeworker) v Nationwide Building Society

A Senior Lending Manager who cared for her disabled mother was unfairly dismissed by Nationwide Building Society during a redundancy exercise that required all staff to be office-based. The tribunal awarded £345,708 for unfair dismissal and indirect discrimination.

Consultant obstetrician and gynaecologists v Brighton and Sussex University Hospitals NHS Trust

Two long-serving consultant gynaecologists were unfairly dismissed by Brighton and Sussex University Hospitals NHS Trust, but the tribunal awarded no compensation because they would have been dismissed anyway and were wholly at fault.

School Business Manager (18 years' service) v The Governors of St Mary's Roman Catholic Primary School

A school business manager who pursued a whistleblowing claim against an interim head teacher was ordered to pay £4,800 in costs after the tribunal found her conduct unreasonable. The school later settled the redundancy claim for £12,443.