2300544/2022Dismissed

Bupa Care Services Ltd

v F McDonald

24 May 2024·Employment Tribunal·England & Wales·Judge M Aspinall

Respondent

Bupa Care Services Ltd

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Decision date

24 May 2024

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Judge M Aspinall

Case Summary

The claimant, Franklyn McDonald, was dismissed by Bupa Care Services Limited. The tribunal found that the claimant's allegations of unfair dismissal, discrimination based on his religion, and detriment for making protected disclosures were without merit.

Why this outcome?

Claim not well-founded

The tribunal found that the claimant's allegations of unfair dismissal, discrimination based on religion, and detriment for protected disclosures were without merit following a full hearing.

Key Issues

  • unfair dismissal
  • wrongful dismissal
  • discrimination based on religion or beliefs
  • protected disclosures

Decision Text

Full PDF

2300544-2022 Mr Franklyn McDonald -v- Bupa Care Services Limited: 24-05-2024 Judgment EMPLOYMENT TRIBUNALS London South Employment Tribunal 20, 21, 22, 23, 24 May 2024 (video) Claimant: Franklyn McDonald Respondent: Bupa Care Services Limited Full merits hearing Before:Judge M Aspinall (sitting as an Employment Judge) Ms J Cook Mr S Townsend Appearances: Mr F McDonald, in person Ms J Ferrario, Counsel for Respondent JUDGMENT UPON considering all the available evidence to which we were taken, AND UPON considering the testimony of the witnesses who appeared, AND UPON considering the submissions made by the parties: IT IS THE JUDGMENT OF THE TRIBUNAL that 1. The correct, and sole, Respondent to this claim is Bupa Care Services Limited. Any claim insofar as it relates to any other Respondent, in particular British United Provident Association Limited, is dismissed. 2. The allegation that the Claimant was subject to detriment for making protected disclosures is totally without merit and is dismissed. 3. The allegation that the Claimant was unfairly dismissed, whether automatically or not, is totally without merit and is dismissed. 4. The allegation that the Claimant was subjected to discrimination based on his religion or beliefs is totally without merit and is dismissed. 5. Those being all the heads of claim brought by the Claimant, the claim is dismissed entirely. Judge M Aspinall Friday, 24th May 2024 2300544-2022 Mr Franklyn McDonald -v- Bupa Care Services Limited: 24-05-2024 Judgment Written reasons Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Public access to Employment Tribunal decisions and judgments Judgments and reasons for judgments (except those given under Rule 52) of the Employment Tribunal are publ

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