Claimant v Isle of Wight NHS Trust
Outcome
Individual claims
The tribunal found the complaint of constructive unfair dismissal was not well-founded. The claimant failed to establish that the respondent committed a fundamental breach of contract sufficient to entitle her to resign and treat herself as constructively dismissed.
The tribunal found the complaints of direct race discrimination were not well-founded. The claimant did not establish that the less favourable treatment alleged was because of her race.
The tribunal found the complaints of harassment related to race were not well-founded. The claimant did not establish that the conduct complained of was related to race or had the purpose or effect of violating her dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
Facts
Ms Mathew, an employee of Isle of Wight NHS Trust, brought claims of constructive unfair dismissal, direct race discrimination, and harassment related to race. The case was heard over four days by video at Bristol Employment Tribunal before a full panel.
Decision
The tribunal unanimously dismissed all claims. The tribunal found that the claimant had not established a fundamental breach of contract to support constructive dismissal, and had not proven that the treatment she complained of was because of or related to her race.
Practical note
In constructive dismissal and race discrimination cases, claimants must provide sufficient evidence to establish both the fundamental breach and the causal link to the protected characteristic.
Case details
- Case number
- 6002165/2023
- Decision date
- 17 January 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