Cases3200480/2024

Claimant v Newham Health Collaborative CIC Ltd

12 May 2025Before Employment Judge C LewisEast Londonin person

Outcome

Partly successful£8,614

Individual claims

Constructive Dismissalfailed

The tribunal found that the claimant failed to establish that there was a fundamental breach of contract by the respondent that entitled her to resign and treat herself as constructively dismissed under section 94 of the Employment Rights Act 1996.

Whistleblowingfailed

The tribunal determined that the claimant did not establish that she made protected public interest disclosures or that she suffered detriments as a result of making such disclosures under section 47B of the Employment Rights Act 1996.

Direct Discrimination(race)failed

The tribunal found that the claimant did not establish that she was treated less favourably than others because of her race. The evidence did not support that race was the reason for any treatment she received contrary to section 13 of the Equality Act 2010.

Victimisationsucceeded

The tribunal found that the respondent's failure to offer the claimant shifts from 28 May 2024 onwards constituted victimisation. The claimant established that she had done a protected act and that the respondent subjected her to a detriment because of that protected act.

Facts

Mrs Fosu brought claims against Newham Health Collaborative CIC Ltd for constructive unfair dismissal, whistleblowing detriments, race discrimination and victimisation. The key issue was whether the respondent's conduct justified her resignation and whether she was subjected to unlawful treatment. The respondent ceased offering her shifts from 28 May 2024 onwards.

Decision

The tribunal dismissed the claims for constructive dismissal, whistleblowing detriments and race discrimination, finding insufficient evidence to support them. However, the victimisation claim succeeded in respect of the failure to offer shifts from 28 May 2024, for which the tribunal awarded £8,000 injury to feelings plus interest.

Practical note

A self-represented claimant can succeed on specific discrimination claims even where broader claims fail, but must establish both a protected act and a causative link to the detriment suffered.

Award breakdown

Injury to feelings£8,000
Interest£614

Vento band: lower

Legal authorities cited

Statutes

Employment Rights Act 1996 s.94Employment Rights Act 1996 s.47BEquality Act 2010 s.13

Case details

Case number
3200480/2024
Decision date
12 May 2025
Hearing type
full merits
Hearing days
5
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No