Claimant v Newham Health Collaborative CIC Ltd
Outcome
Individual claims
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.
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.
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.
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
Vento band: lower
Legal authorities cited
Statutes
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