Cases1801980/2024

Claimant v Lotus Care Home Limited

Outcome

Claimant fails

Individual claims

Automatic Unfair Dismissalfailed

The tribunal heard the claimant's complaint of automatic unfair dismissal for trade union reasons and determined that the claim failed on its merits. The tribunal was not persuaded that the dismissal was for trade union reasons.

Direct Discrimination(race)withdrawn

The claimant withdrew this complaint and it was dismissed upon withdrawal.

Unlawful Deduction from Wageswithdrawn

The claimant withdrew this complaint and it was dismissed upon withdrawal.

Holiday Paywithdrawn

The claimant withdrew this complaint and it was dismissed upon withdrawal.

Breach of Contractwithdrawn

The claimant withdrew this complaint seeking damages for breach of contract and it was dismissed upon withdrawal.

Facts

Ms Ejibe was dismissed from her employment at Lotus Care Home Limited. She brought a claim of automatic unfair dismissal alleging the dismissal was for trade union reasons. She also brought claims for race discrimination, unauthorised deductions from wages, holiday pay, and breach of contract. The matter was heard over one day before a full panel.

Decision

The tribunal dismissed the automatic unfair dismissal claim on its merits, finding it was not established that the dismissal was for trade union reasons. The remaining claims for race discrimination, unauthorised deductions, holiday pay and breach of contract were dismissed upon the claimant's withdrawal.

Practical note

A claimant alleging automatic unfair dismissal for trade union reasons must establish a causal connection between trade union membership or activities and the dismissal decision.

Case details

Case number
1801980/2024
Decision date
13 March 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
barrister