Claimant v University Hospitals Sussex NHS Foundation Trust
Outcome
Individual claims
The tribunal found the claim was not well founded after a two-day hearing where the claimant did not appear. The respondent's evidence was presumably accepted and the claimant failed to establish that she was treated less favourably because of race.
The tribunal found the claim was not well founded. The claimant did not attend to give evidence, and the tribunal was not satisfied that the alleged conduct was related to race or had the purpose or effect of violating the claimant's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
The tribunal found the claim was not well founded. Without the claimant's attendance and evidence, the tribunal was not satisfied that she had done a protected act or that she was subjected to a detriment because of doing a protected act.
Withdrawn by the claimant.
Withdrawn by the claimant.
Facts
The claimant, Ms Carridice, brought claims of race discrimination, harassment, and victimisation against her employer, an NHS Foundation Trust. She also initially brought claims of age discrimination and sexual harassment which were later withdrawn. The claimant did not attend the two-day hearing and was unrepresented. The respondent was represented by counsel.
Decision
The tribunal dismissed all the claims that proceeded to hearing. The claims of direct race discrimination, harassment related to race, and victimisation all failed as not well founded. The claimant's non-attendance meant she did not provide evidence to support her claims, and the tribunal was not satisfied on the evidence before it that the claims were made out.
Practical note
Non-attendance at a final hearing where a claimant bears the burden of proof will almost inevitably result in dismissal of claims, even in discrimination cases where the burden may shift.
Case details
- Case number
- 2301767/2024
- Decision date
- 12 August 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No