Claimant v Northern Care Alliance NHS Foundation Trust
Outcome
Individual claims
The tribunal unanimously found that the complaint of constructive unfair dismissal was not well-founded and dismissed the claim. The claimant failed to establish that the respondent's conduct was such as to entitle them to resign and treat themselves as dismissed.
The tribunal found the complaint of breach of contract in relation to notice pay was not well-founded. This was likely linked to the finding that there was no constructive dismissal, meaning no entitlement to notice pay arose.
The tribunal unanimously found the complaints of harassment related to race were not well-founded. The claimant did not establish that the conduct complained of was unwanted conduct related to race that had the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
The tribunal unanimously found the complaints of harassment related to sex were not well-founded. The claimant did not establish that the conduct complained of was unwanted conduct related to sex that had the requisite purpose or effect under the Equality Act 2010.
The tribunal did not have jurisdiction to determine the complaints of direct race discrimination arising from a comment made and events of September 2019 as the claim was presented outside the statutory time limit and the tribunal did not find it just and equitable to extend time.
The tribunal did not have jurisdiction to determine the complaints of direct sex discrimination arising from a comment made and events of September 2019 as the claim was presented outside the statutory time limit and the tribunal did not find it just and equitable to extend time.
The tribunal found the complaints of direct race discrimination (other than those time-barred) were not well-founded. The claimant failed to establish less favourable treatment because of race or that the reason for any difference in treatment was race-related.
The tribunal found the complaints of direct sex discrimination (other than those time-barred) were not well-founded. The claimant failed to establish less favourable treatment because of sex or that the reason for any difference in treatment was sex-related.
Facts
Mr Waghat, an employee of Northern Care Alliance NHS Foundation Trust, brought claims of constructive unfair dismissal, breach of contract for notice pay, and multiple discrimination claims including harassment and direct discrimination based on race and sex. Some of the alleged discriminatory acts dated back to September 2019. The case proceeded to a 10-day full merits hearing in September 2025, with the claimant representing himself and the respondent represented by counsel.
Decision
The tribunal unanimously dismissed all of the claimant's claims. The constructive dismissal and breach of contract claims were found not well-founded. All harassment claims related to race and sex failed. Direct discrimination claims relating to events in September 2019 were found to be out of time and the tribunal declined to extend time on just and equitable grounds. The remaining direct discrimination claims on grounds of race and sex also failed on their merits.
Practical note
Unrepresented claimants in multi-claim discrimination cases face significant challenges in meeting the burden of proof, particularly when claims include events outside the statutory time limit and constructive dismissal which requires establishing fundamental breach of contract.
Case details
- Case number
- 2406812/2023
- Decision date
- 10 September 2025
- Hearing type
- full merits
- Hearing days
- 10
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No