Claimant v Country Cousins Homecare Agencies Limited
Outcome
Individual claims
The tribunal found that the claimant's complaint of public interest disclosure detriment was not well founded. The claim failed on its merits after a full hearing.
The tribunal found that the claimant's complaint of public interest disclosure automatic constructive unfair dismissal was not well founded. The claim failed on its merits after a full hearing.
The tribunal found the claim well founded on the merits, but dismissed it for want of jurisdiction as it was presented out of time and the tribunal decided it would not be just and equitable to extend time.
The tribunal found that the claimant's complaint of indirect disability discrimination was not well founded. The claim failed on its merits after a full hearing.
Facts
Mrs. Brinton was employed by Country Cousins Homecare Agencies Limited, a homecare provider. She brought claims relating to whistleblowing, constructive dismissal on whistleblowing grounds, and disability discrimination including failure to make reasonable adjustments and indirect discrimination. The case was heard over four days via video conference with both parties represented by counsel.
Decision
The tribunal dismissed all of the claimant's claims. The whistleblowing detriment, automatic constructive unfair dismissal, and indirect disability discrimination claims all failed on their merits. While the reasonable adjustments claim succeeded on the merits, it was dismissed for want of jurisdiction as it was out of time and the tribunal declined to exercise its discretion to extend time on just and equitable grounds.
Practical note
Even where a reasonable adjustments claim succeeds on its merits, tribunals will dismiss it for want of jurisdiction if presented out of time and the claimant cannot establish it would be just and equitable to extend time.
Case details
- Case number
- 2303774/2023
- Decision date
- 17 March 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister