Linc-Cymru Housing Association Ltd and Codi Homes and Communities Ltd

Case Summary

The claimant, a black African Nigerian nurse at a care home, was dismissed on 26 June 2025 following an incident on 3 June 2025 where she failed to follow proper medication administration procedures by counter-signing the Controlled Drug Register without witnessing the medication being administered and backdating the time of administration. She brought claims for detriment for making a protected disclosure, direct race discrimination, and unfair dismissal. The tribunal dismissed all three claims, finding no evidence of a qualifying disclosure being made, no direct discrimination, and that the dismissal was fair and within the range of reasonable responses.

The tribunal found no evidence that the claimant made any qualifying disclosure and therefore dismissed the protected disclosure detriment claim. On direct race discrimination, the claimant failed to establish a prima facie case of less favourable treatment compared to an appropriate comparator on the grounds of race. On unfair dismissal, the tribunal concluded that the respondent had a genuine belief in the claimant's misconduct based on reasonable grounds following a proper investigation, acted procedurally fairly, and that dismissal was within the range of reasonable responses for a nurse who breached medication safety protocols and backdated records.

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• •Whether the claimant made a qualifying protected disclosure
• •Whether the claimant was subjected to detriment for making a protected disclosure
• •Whether the claimant was directly discriminated against on the grounds of race
• •Whether the dismissal was fair and reasonable, following an incident on 3 June 2025 regarding medication administration procedures
• •Whether the respondent carried out a reasonable investigation and followed fair procedures

EMPLOYMENT TRIBUNALS Claimant: Mrs TI Edafienene Respondent: Linc-Cymru Housing Association Limited (1) Codi Homes and Communities Limited (2) Heard at: Cardiff On: 17-20 February and 1 April 2025 Before: Employment Judge R Brace Representation: Claimant: In person Respondent: Mr A Griffiths (of Counsel) RESERVED JUDGMENT Detriment for making protected disclosures 1. The complaint of being subjected to detriment for making a protected disclosure is not well-founded and is dismissed. Direct discrimination 2. The complaint of direct race discrimination is not well-founded and is dismissed. Unfair Dismissal 3. The complaint of unfair dismissal is not well-founded and is dismissed. 2 REASONS Preliminary Matters 1. The Claimant is a litigant in person and the Respondent was represented by Mr Griffiths of Counsel. The Claimant brings claims of public interest disclosure detriment, direct race discrimination and unfair dismissal. 2. We spent a proportion of the morning of the first day, on case management: a. The Claimant raised concern that a copy of the Investigation Report [180] had been heavily redacted, removing names of employees. Counsel for the Respondent agreed that this had been inappropriate and agreed that an unredacted copy would be provided to the Claimant during further reading time; b. an application had been made by the Respondent prior to the hearing for its first witness, Evidence Chapwanya, to give her evidence remotely as she was currently on maternity leave with a 12-week baby, residing in Surrey some 5 hours away. This was granted by consent and she gave such evidence remotely; and c. One of the Claimant’s witnesses, Evangeline Nwaigwe, was in attendance to give evidence in person but was also breast-feeding. Accommodations were made for Evangeline Nwaigwe to bring her baby to the …