Claimant v Moorfields Hospital NHS Foundation Trust
Outcome
Individual claims
The tribunal found that the Claimant was not dismissed. Without a dismissal, there can be no unfair dismissal claim under the Employment Rights Act 1996.
The tribunal concluded that the Claimant did not suffer direct race discrimination. The evidence did not support that race was the reason for the treatment complained of.
Facts
Mr F Onafowkan brought claims against Moorfields Hospital NHS Foundation Trust for unfair dismissal and direct race discrimination. The case was heard over five days in March 2025 at London Central Employment Tribunal before a full panel. The specific factual circumstances leading to the claims are not detailed in the judgment provided.
Decision
The tribunal dismissed both claims. They found that the Claimant was not dismissed, which was fatal to the unfair dismissal claim. They also concluded that the direct race discrimination claim did not succeed on the evidence presented.
Practical note
A claimant must establish that a dismissal occurred before pursuing an unfair dismissal claim; without dismissal, the claim cannot proceed regardless of other circumstances.
Case details
- Case number
- 2201504/2022
- Decision date
- 7 March 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- solicitor