Cases3304003/2023

Claimant v Royal Free London NHS Foundation Trust

1 October 2025Before Employment Judge L BrownWatfordremote video

Outcome

Claimant fails

Individual claims

Direct Discrimination(sex)failed

The tribunal found the May 2022 comment did not constitute sex discrimination. The complaint was not well-founded and was dismissed.

Direct Discrimination(age)failed

The tribunal found the May 2022 comment did not constitute age discrimination. The complaint was not well-founded and was dismissed.

Direct Discrimination(sex)failed

The tribunal found the August 2022 comment did not constitute sex discrimination. The complaint was not well-founded and was dismissed.

Direct Discrimination(age)failed

The tribunal found the August 2022 comment did not constitute age discrimination. The complaint was not well-founded and was dismissed.

Detrimentfailed

The tribunal found the claimant was not subjected to a detriment on the basis of section 47B Employment Rights Act 1996 (whistleblowing detriment). The complaint was not well-founded and was dismissed.

Automatic Unfair Dismissalfailed

The tribunal found the claimant was not automatically unfairly dismissed on the basis of section 103A Employment Rights Act 1996 (whistleblowing dismissal). The complaint was not well-founded and was dismissed.

Facts

The claimant, Mrs D'Arcy, brought claims against the Royal Free London NHS Foundation Trust alleging sex and age discrimination based on comments made in May 2022 and August 2022, as well as whistleblowing detriment and automatic unfair dismissal. The claimant represented herself at a three-day video hearing before Employment Judge T Brown. The claimant was not present for the announcement of the decision and reasons on the afternoon of the final hearing day.

Decision

The tribunal dismissed all of the claimant's claims, finding that none were well-founded. The complaints of sex and age discrimination relating to both the May 2022 and August 2022 comments failed, as did the whistleblowing detriment claim under section 47B ERA 1996 and the automatic unfair dismissal claim under section 103A ERA 1996.

Practical note

A self-represented claimant failed to establish sex discrimination, age discrimination, or whistleblowing-related claims against an NHS Trust based on comments made in May and August 2022.

Legal authorities cited

Statutes

ERA 1996 s.47BERA 1996 s.103A

Case details

Case number
3304003/2023
Decision date
1 October 2025
Hearing type
full merits
Hearing days
3
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No