North East London NHS Foundation Trust

Case Summary

The tribunal dismissed the claimant's claims for detriments, automatically unfair dismissal, sexual harassment, and victimisation. The primary reason for the dismissal was that the claimant had harassed a colleague on the grounds of their sexuality.

The tribunal dismissed the claimant's claims because the claimant had harassed a colleague on the grounds of their sexuality, which undermined the credibility and merit of the claims.

• •protected_disclosures
• •automatically_unfair_dismissal_reasons
• •sexual_harassment

1 EMPLOYMENT TRIBUNALS Claimant: Mr S Miah Respondent: North East London NHS Foundation Trust Heard at: East London Hearing Centre On: 20, 21, 22 23 September and 3 November 2022 Before: Employment Judge C Lewis Members: Mr J Webb Mr P Lush Representation Claimant: In Person Respondent: Sally Robertson (Counsel) RESERVED JUDGMENT The unanimous decision of the Tribunal is that the Claimant’s claims for: 1. Detriments for having made protected disclosures fails and are dismissed. 2. Automatically unfair dismissal for making protected disclosures fails and is dismissed. 3. Wrongful dismissal, failing to pay the Claimant his notice pay, is dismissed. 4. Claim for sexual harassment contrary to Section 26 of the Equality Act 2010 fails and is dismissed. 5. The claim of victimisation contrary to Section 27 of the Equality Act 2010 fails and is dismissed. REASONS The claims 1 The Claimant was employed by the Respondent NHS Trust as a Reablement Support worker from 4 March 2019 until the 23 October 2020. Early conciliation started on the 3 2 December 2020 and ended on the 14 January 2021. The claim form was presented on the 2 February 2021. 2 The Claimant brought complains of being subjected to detriments for having made a protected disclosure or disclosures and automatically unfair dismissal for having made a protected disclosure, as well as complaints of sexual harassment, victimisation and wrongful dismissal. 3 The claims were clarified at a preliminary hearing before Employment Judge Gardiner held on the 20 September 2021 and the parties were directed to provide a revised list of issues to reflect all the issues in the claim. At the start of this final hearing we discussed the draft list of issues that had been provided by the Respondent. T…