Claimant v Care UK Community Partnerships Limited

The tribunal found the dismissal unfair because the respondent dismissed the claimant for risk of reputational damage (following her arrest and charge for murder) without having first discussed this reason or alternatives to dismissal with her. The tribunal held that no reasonable employer with a dedicated HR function would have dismissed without adequate exploration of the reputational risk and alternatives, and that such a discussion would not have been futile.

Although the claimant had disability status from April 2022 due to osteoarthritis causing substantial pain in her hands, the tribunal found the respondent did not know and could not reasonably have been expected to know of her disability or the disadvantage, as she had not told her managers. Further, the claimant had arranged for colleagues to push the equipment, effectively addressing the disadvantage herself, so removing the requirement would not have been a reasonable adjustment.

The sexual harassment claim related to an alleged incident in March 2021 where a colleague allegedly grabbed the claimant's chest. The claim was brought over 2 years out of time. The tribunal declined to extend time on a just and equitable basis, finding the claimant had not sought advice on enforcing her rights at the time despite being a union member and being aware the conduct was unlawful. The quality of evidence had been affected by the passage of time and key witnesses were no longer employed.