East Suffolk and North Essex NHS Foundation Trust
v Ms J Smith
Decision date
29 April 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Massarella
Case Summary
Ms J. Smith brought claims of age discrimination, victimisation, unlawful wage deduction, and disability discrimination against East Suffolk and North Essex NHS Foundation Trust. The tribunal found that most age discrimination claims were not well-founded and some were withdrawn, one victimisation claim succeeded, the claimant was found to be disabled, the reasonable adjustments claim succeeded, and the constructive dismissal claims succeeded.
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Key Issues
- •Direct age discrimination claims
- •Victimisation claims
- •Unauthorised deduction from wages
- •Disability status and reasonable adjustments
- •Constructive unfair dismissal
- •Discriminatory constructive dismissal
Decision Text
1 EMPLOYMENT TRIBUNALS Claimant: Ms J. Smith Respondent: East Suffolk and North Essex NHS Foundation Trust Heard at: East London Hearing Centre On: 13-17, 20-22 (in person); 23-24 and 27 April (deliberation in chambers); and 28 April 2026 (for judgment, by CVP) Before: Employment Judge Massarella Representation Claimant: In person Respondent: Mr M. Salter (Counsel) JUDGMENT The judgment of the Tribunal is that: - 1. the following claims of direct age discrimination are dismissed on withdrawal; Issue 3.2.3 and 3.2.6 (insofar as it was alleged against Ms Tucker); 2. the remaining claims of direct age discrimination are not well-founded and are dismissed; 3. the following claims of victimisation are dismissed on withdrawal: Issues 5.2.4 and 5.2.13; 4. the claim of victimisation at Issue 5.2.8 succeeds; 5. the remaining claims of victimisation fail and are dismissed; 6. the claims of unauthorised deduction from wages are not well-founded and are dismissed; 2 7. the Claimant was a disabled person at the material time; 8. the claim of a failure to make reasonable adjustments succeeds; 9. the claims of constructive unfair dismissal and discriminatory constructive dismissal succeed. ____________________________ Employment Judge Massarella Date: 29 April 2026 Notes 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 Judgments and full written reasons for the judgments are published online at www.gov.uk/employment- tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case. Summary writt…
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Case Details
- Claimant
- Ms J Smith
- Case No.
- 6008553/2024
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 29 April 2026
- Published
- 1 June 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Massarella
- Industry
- healthcare
- Representation
- Litigant in person