Claimant v Royal Cornwall Hospitals NHS Trust
Outcome
Individual claims
The tribunal found that the complaint of constructive unfair dismissal was not well-founded. 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 dismissed.
The tribunal found the complaint of discrimination arising from disability was not well-founded. The claimant did not establish that she was treated unfavourably because of something arising in consequence of her disability, or that the respondent could not justify such treatment.
The tribunal found the complaint of failure to make reasonable adjustments was not well-founded. The claimant did not establish that the respondent applied a provision, criterion or practice that put her at a substantial disadvantage compared to non-disabled persons, or that the respondent failed to make reasonable adjustments to alleviate such disadvantage.
The tribunal found the complaint of victimisation was not well-founded. The claimant did not establish that she was subjected to a detriment because she had done a protected act under the Equality Act 2010.
The tribunal found the complaint of discriminatory constructive dismissal was not well-founded. Having found no constructive dismissal and no discrimination, the claim of discriminatory constructive dismissal could not succeed.
Facts
Mrs Hancox-Devine brought claims against Royal Cornwall Hospitals NHS Trust alleging constructive unfair dismissal and multiple disability discrimination claims including discrimination arising from disability, failure to make reasonable adjustments, and victimisation. She represented herself at a four-day remote hearing while the NHS Trust was represented by counsel.
Decision
The tribunal dismissed all of the claimant's claims. The tribunal found she had not established constructive dismissal, that she had not suffered discrimination arising from disability, that the respondent had not failed to make reasonable adjustments, and that she had not been victimised.
Practical note
A self-represented claimant failed to establish any of her disability discrimination or constructive dismissal claims against an NHS Trust despite a four-day hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 6002658/2023
- Decision date
- 21 March 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No