Oasis Dental Care Ltd
Case Summary
The Claimant brings a claim of harassment relating to an email from her manager containing an offensive comment, and a claim of unfair dismissal. The Tribunal ordered the Claimant to pay a deposit of £350 for the harassment claim as it considered the claim had little reasonable prospect of success in relation to the comment being related to the Claimant's disability (PTSD). The unfair dismissal claim was struck out as having no reasonable prospect of success.
Why this outcome?
No reasonable prospectsThe harassment claim had little reasonable prospect of success on the merits because the tribunal found insufficient evidence that the offensive comment in the email was related to the claimant's disability (PTSD). The unfair dismissal claim was struck out as having no reasonable prospect of success.
Key Issues
- •the comment in the email amounted to conduct that has the purpose or effect of violating the Claimant's dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment
- •whether the comment in the email was related to the Claimant's PTSD (disability)
Claim Types
Cited Laws and Legal Issues
mant brings a claim of harassment relating to an email from her manager containing an offensive comment, and a claim of unfair dismissal.
e view that it would require an application to amend her claim form in order for the Claimant to bring a claim of disability discrimination in respect of this meeting.
The Claimant brings a claim of harassment, pursuant to section 26 of the Equality Act 2010.
Decision Text
Case No: 6000459/2023 EMPLOYMENT TRIBUNALS Claimant: Mrs D Clay Respondent: Oasis Dental Care Ltd Before: Employment Judge G. King JUDGMENT 1. Pursuant to Rule 39(1), the Employment Judge considers that the Claimant’s claim for: a) Harassment (s.26 Equality Act 2010) in respect of the email from Dawn Gray to the Claimant of 9 November 2022; has little reasonable prospect of success. The Claimant is ORDERED to pay a deposit of £350.00 not later than 14 days from the date this Order is sent, or on or before 18 October 2023 whichever is later, as a condition of being permitted to continue to advance those claims. 2. Pursuant to Rule 37(1), the Employment Judge considers that the Claimant’s claim for: a) Unfair Dismissal; has no reasonable prospect of success, and is struck out. Case No: 6000459/2023 REASONS 1. The Claimant brings a claim of harassment, pursuant to section 26 of the Equality Act 2010. This relates to an email sent to the Claimant by her manager, Dawn Gray, on 9 November 2022, which contains the phrase “we talked about Stockholm syndrome and the desire to make an abuser like you and how this could be seen with this action”. 2. The Claimant says she found this comment very offensive. She says that Dawn Gray has no clinical training and so could not diagnose Stockholm syndrome. The Claimant says that the comment was made verbally to her in a meeting with Dawn Gray on 8 November and then reiterated an email of 9 November. The Claimant says the meeting on 8 November involved a discussion about the Claimant’s PTSD, and this is the relevant protected characteristic that she relies upon for the purposes of this claim. 3. The Claimant also brings a claim of unfair dismissal, pursuant to section 94 of the Employment Rights Act 1996, in respect of her dismissal on 22 December 2022. Law The Employment Tribunal...
Employer
Case Details
- Case Number
- 6000459/2023
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision Date
- 20/08/2024
- Published
- 18/09/2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge G. King