Cases3304022/2022

Claimant v Your Choice (Barnet) Limited

27 March 2025Before Employment Judge DickWatford

Outcome

Claimant fails

Individual claims

Direct Discrimination(race)failed

The Tribunal found the complaints of direct race discrimination were not well-founded after an 11-day hearing examining the evidence. The claims failed on their merits following full consideration of the facts and law.

Direct Discrimination(age)failed

The Tribunal found the complaints of direct age discrimination were not well-founded after an 11-day hearing examining the evidence. The claims failed on their merits following full consideration of the facts and law.

Direct Discrimination(disability)failed

The Tribunal found the complaints of direct disability discrimination were not well-founded after an 11-day hearing examining the evidence. The claims failed on their merits following full consideration of the facts and law.

Harassment(race)failed

The Tribunal found the complaints of harassment related to race were not well-founded. After hearing evidence over 11 days, the Tribunal concluded the conduct alleged did not constitute harassment or was not related to the protected characteristic.

Harassment(age)failed

The Tribunal found the complaints of harassment related to age were not well-founded. After hearing evidence over 11 days, the Tribunal concluded the conduct alleged did not constitute harassment or was not related to the protected characteristic.

Harassment(disability)failed

The Tribunal found the complaints of harassment related to disability were not well-founded. After hearing evidence over 11 days, the Tribunal concluded the conduct alleged did not constitute harassment or was not related to the protected characteristic.

Victimisationfailed

The Tribunal found the complaint of victimisation was not well-founded. The Tribunal determined that either no protected acts had been done or that any treatment was not because of protected acts.

Whistleblowingfailed

The Tribunal found the complaint of being subjected to a detriment for making protected disclosures was not well-founded. The Tribunal determined that either no qualifying protected disclosures were made or that any detriments were not on the ground of such disclosures.

Discrimination Arising from Disability (s.15)(disability)failed

The Tribunal found the complaint of unfavourable treatment because of something arising in consequence of disability (section 15 Equality Act) was not well-founded. The Tribunal concluded either that the treatment did not occur, was not unfavourable, or was not because of something arising from disability, or was a proportionate means of achieving a legitimate aim.

Failure to Make Reasonable Adjustments(disability)failed

The Tribunal found the complaint of failure to make reasonable adjustments for disability was not well-founded. The Tribunal concluded that either the PCPs were not established, the claimant was not placed at a substantial disadvantage, or reasonable adjustments were made or would not have alleviated any disadvantage.

Unlawful Deduction from Wagesfailed

The Tribunal found the complaint of unauthorised deductions from wages was not well-founded. The Tribunal determined that either no deductions occurred, any deductions were authorised, or the claim was out of time.

Unfair Dismissalfailed

The Tribunal found the complaint of ordinary unfair dismissal was not well-founded. The Tribunal concluded that the dismissal was for a potentially fair reason and that the decision to dismiss fell within the range of reasonable responses open to a reasonable employer in the circumstances.

Automatic Unfair Dismissalfailed

The Tribunal found the complaint of automatically unfair dismissal for making protected disclosures was not well-founded. The Tribunal determined that either no qualifying protected disclosures were made or that the principal reason for dismissal was not the making of protected disclosures.

Otherwithdrawn

Claim 3308905/2023 was dismissed upon withdrawal by the claimant.

Facts

Mrs Vidler brought multiple claims against Your Choice (Barnet) Limited and The Barnet Group Limited, alleging discrimination on grounds of race, age and disability, harassment, victimisation, whistleblowing detriments, failure to make reasonable adjustments, unauthorised wage deductions, and both ordinary and automatic unfair dismissal. The case was heard over 11 days before a full panel at Watford Employment Tribunal. The claimant represented herself while the respondents were represented by counsel.

Decision

The Tribunal dismissed all of the claimant's claims, finding them not well-founded after hearing evidence over 11 days. The Tribunal found that the complaints of discrimination, harassment, victimisation, whistleblowing detriments, and unfair dismissal all failed on their merits. One claim was dismissed upon withdrawal.

Practical note

A self-represented claimant bringing multiple discrimination, whistleblowing and unfair dismissal claims was unsuccessful on all heads of claim after an 11-day full merits hearing.

Case details

Case number
3304022/2022
Decision date
27 March 2025
Hearing type
full merits
Hearing days
11
Classification
contested

Respondent

Sector
other
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No