Claimant v Secretary of State for Justice
Outcome
Individual claims
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.
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
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