Claimant v Kent Community Healthcare Foundation NHS Trust

The tribunal found the complaint of direct race discrimination was not well-founded after a 9-day hearing examining the evidence and submissions from both parties. The tribunal was not satisfied that the claimant had been treated less favourably because of race.

The tribunal determined that the complaint of harassment related to race was not well-founded. The tribunal did not find that the respondent's conduct had the purpose or effect of violating the claimant's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment related to race.

The tribunal dismissed the victimisation complaint, finding it not well-founded. The tribunal was not satisfied that the claimant had been subjected to a detriment because she had done a protected act.

The tribunal found the claimant was not constructively dismissed. The tribunal was not satisfied that the respondent had breached the implied term of trust and confidence such as to entitle the claimant to resign and treat herself as dismissed.

The complaint of constructive unfair dismissal was dismissed as the tribunal found there was no constructive dismissal. Without a dismissal, the unfair dismissal claim could not succeed.