Cases2304541/2023

Claimant v Kent Community Health NHS Foundation Trust

21 January 2025Before Employment Judge KrepskiLondon South

Outcome

Claimant fails

Individual claims

Direct Discrimination(race)failed

The tribunal found the complaint of direct race/nationality discrimination not well-founded after a three-day full merits hearing. The claim was dismissed with reasons given orally.

Breach of Contractfailed

The tribunal determined the complaint of breach of contract in relation to notice pay was not well-founded and dismissed the claim after hearing evidence over three days.

Breach of Contractfailed

The tribunal found the complaint of breach of contract in relation to car hire/car leasing was not well-founded and dismissed this claim after full consideration.

Unlawful Deduction from Wagesfailed

The tribunal determined the complaint of unauthorised deductions from wages was not well-founded and dismissed the claim after hearing evidence and submissions.

Facts

Aishat Azeez brought claims against Kent Community Health NHS Foundation Trust alleging direct race/nationality discrimination and multiple breach of contract claims relating to notice pay and car hire/leasing, as well as unauthorised deductions from wages. The case was heard over three days in October 2024 before a full tribunal panel. The respondent also brought a contract claim against the claimant.

Decision

The tribunal dismissed all of the claimant's claims, finding them not well-founded after hearing evidence and submissions over three days. The respondent's contract claim against the claimant succeeded, with remedy to be determined at a separate hearing if required. Reasons were given orally at the hearing.

Practical note

A full tribunal panel comprehensively rejected multiple claims including race discrimination and contractual claims, while upholding the employer's counter-claim for breach of contract against the employee.

Case details

Case number
2304541/2023
Decision date
21 January 2025
Hearing type
full merits
Hearing days
3
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
Yes
Rep type
lay rep