Cheshire and Wirral Partnership NHS Foundation Trust

Case Summary

The claimant was employed as a ward manager and was dismissed on 30 March 2021 with immediate effect. She brought various claims against the respondent including disability discrimination, victimisation, and unfair dismissal. The Tribunal found that the respondent breached the claimant's contract of employment by dismissing her without notice, but dismissed the majority of the claimant's other claims.

The tribunal conducted a full hearing and found that while the respondent breached the claimant's contract by dismissing her without notice when she was not in fundamental breach, the majority of her discrimination and victimisation claims were dismissed on their merits.

• •The respondent breached the claimant's contract of employment by dismissing her without notice
• •The Tribunal would have found that the respondent failed to comply with its duty to make reasonable adjustments
• •The respondent did not breach the duty to make reasonable adjustments in the other ways alleged
• •The respondent did not treat the claimant unfavourably because of something arising in consequence of her disability
• •The respondent did not subject the claimant to a detriment because she had done a protected act
• •The claimant was not subjected to a detriment on the ground that she had made a statutory flexible working request
• •The claimant was not dismissed on the ground that she had made a statutory flexible working request
• •The claimant was not unfairly dismissed

JUDGMENT AND REASONS Case No. 2408038/2021 1 EMPLOYMENT TRIBUNALS Claimant: Ms C O’Brien Respondent: Cheshire and Wirral Partnership NHS Foundation Trust Heard at: Manchester On: 17-24 July 2023 Before: Employment Judge Phil Allen Ms A Jackson Ms S Khan REPRESENTATION: Claimant: In person Respondent: Mr A Gibson, solicitor JUDGMENT The unanimous judgment of the Tribunal is that: 1. The respondent breached the claimant’s contract of employment by dismissing her without notice in circumstances where the Tribunal finds that the claimant had not fundamentally breached her contract of employment with the respondent. The claimant was entitled to twelve weeks notice. 2. The Tribunal would have found that the respondent failed to comply with its duty to make reasonable adjustments by not using the informal procedure and discussing the issue with hours with the claimant prior to commencing a formal investigation, which would have addressed a substantial disadvantage which the claimant suffered related to her disability arising from the practice of using a formal procedure without first discussing the issue with her. However, as the breach of the duty occurred in January 2019 (and at the latest by 31 March 2019), the Employment Tribunal did not have jurisdiction to consider the claim as it was not brought within the time required and it was not brought within such further period as the Tribunal found to be just and equitable. 3. The respondent did not breach the duty to make reasonable adjustments in the other ways alleged. The claims for breach of the duty to make reasonable adjustments under sections 20 and 21 of the Equality Act 2010 are dismissed. JUDGMENT AND REASONS Case No. 2408038/2021 2 4. The respondent did not treat the claimant unfavourably because of som…