Cases2307514/2023

Claimant v Secretary of State for Justice

29 April 2025Before Employment Judge D WrightLondon South

Outcome

Claimant fails

Individual claims

Constructive Dismissalstruck out

Struck out at preliminary hearing on 13 March 2025 due to delay in resignation (conduct in November 2023, resignation March 2024) and because underlying factual allegations had already been struck out, leaving no factual basis for the constructive dismissal claim.

Direct Discrimination(race)struck out

Struck out at preliminary hearing on 13 March 2025. The tribunal found the claimant's allegations of racism were based on a misunderstanding that she could not be disciplined for taking a medical cabinet key home from the prison, with no evidence beyond bare assertions that race was a factor.

Facts

The claimant, a medical team member working in a prison, took a key to a medicine cabinet home in November 2023. She resigned in March 2024 and brought claims of constructive dismissal and race discrimination. The tribunal struck out her claims at a preliminary hearing on 13 March 2025. She applied for reconsideration, arguing she was ill and that the respondents had no authority over the key. She also argued that taking keys home was not punishable and that the treatment was racially motivated.

Decision

The reconsideration application was refused. The tribunal found the claimant's arguments had no merit. The delay between the alleged conduct and resignation undermined the constructive dismissal claim, and the underlying factual allegations had already been struck out. The race discrimination claims were based on a misunderstanding that disciplinary action for taking keys home was inappropriate, with no evidence beyond bare assertions of racism.

Practical note

Bare assertions of discrimination without supporting evidence will not succeed, particularly where the claimant fundamentally misunderstands their employer's legitimate disciplinary authority.

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 Rule 69

Case details

Case number
2307514/2023
Decision date
29 April 2025
Hearing type
reconsideration
Hearing days
1
Classification
procedural

Respondent

Sector
central government
Represented
No

Employment details

Role
medical team member

Claimant representation

Represented
No