Royal Berkshire NHS Foundation Trust

Case Summary

The claimant succeeded in unfair dismissal, age discrimination, disability discrimination and breach of contract. The respondent failed to provide a statement of terms and conditions accurately stating the matters required by section 1 of the Employment Rights Act 1996.

The tribunal found the claimant's claims of unfair dismissal, age discrimination, and disability discrimination were well-founded on the merits following a full hearing. The respondent also breached its statutory obligation under the Employment Rights Act 1996 to provide an accurate statement of terms and conditions.

• •Unfair dismissal
• •Age discrimination
• •Disability discrimination
• •Breach of contract

EMPLOYMENT TRIBUNALS Claimant: Respondent: Mrs E Jolly v Royal Berkshire NHS Foundation Trust Heard at: Reading On: 19, 20, 21, 22 and 23 November 2018 and (in chambers) 7 December 2018 Before: Employment Judge Gumbiti-Zimuto Members: Miss SP Hughes and Mr J Appleton Appearances For the Claimant: Mr M Green of Counsel For the Respondent: Mr P Wilson of Counsel JUDGMENT 1. The Claimant’s complaints of unfair dismissal, discrimination on the grounds of age, disability discrimination and breach of contract are well founded and succeed. 2. The Claimant was entitled to a notice period of 12 weeks. 3. The Respondent failed to provide the Claimant with a statement of terms and conditions of employment accurately stating the matters required by section 1 of the Employment Rights Act 1996. 4. A hearing to consider remedy shall take place on the 14 October 2019 REASONS 1. In a claim form presented on 25 May 2017, the Claimant made complaints of unfair dismissal, age discrimination, disability discrimination and breach of contract. The Respondent denied the Claimant’s complaints. 2. The issues to be decided in this case are set out in the case management order which was made on 18 January 2018. The Respondent now concedes that the Claimant is a disabled person within the meaning of section 6 of the Equality Act 2010. 3. The Tribunal heard evidence from the Claimant, Mr Brendan Smith, Ms Jennifer Taylor-Woodley, Mr Michael Eastwell and Mr Daniel O’Donnell. We were also provided with a witness statement from Ms Diane Haskey who did not attend to give evidence before us. We were provided with a bundle containing some 650 pages of documents. We made the findings of fact set out below. 4. The Respondent accepts that the Claimant was unfairly dismissed. The Respondent’s admission is limited to admitting that the Claimant was dismissed unfairly because…