Back to search
1800924/2024Partially Successful

York and Scarborough Teaching Hospitals NHS Foundation Trust and York Teaching Hospitals Facilities Management LLP

15 November 2024England & WalesEmployment Judge Davies
GOV.UK

Case Summary

The claims against the First Respondent were dismissed on withdrawal by the Claimant. The Second Respondent was found guilty of subjecting the Claimant to detriment, and was ordered to pay £10,000 compensation for injury to feelings.

Key Issues

  • subjecting the Claimant to detriment by (1) telephoning him on 15 June 2023 to check on his whereabouts and instruct him to return to Bridlington Hospital and (2) requesting his colleagues to submit Datix reports about him in September 2023, for the sole or main purpose of preventing or deterring him from taking part in the activities of an independent trade union at an appropriate time or penalising him for doing so contrary to s 146(1)(b) Trade Union & Labour Relations (Consolidation) Act 1992

Claim Types

Health-safetyWhistleblowingTrade-union-membership

Decision Text

1 of 2 EMPLOYMENT TRIBUNALS Claimant: Mr F Villani Respondents: 1. York & Scarborough Teaching Hospitals NHS Foundation Trust 2. York Teaching Hospitals Facilities Management LLP Heard at Hull On: 12, 13, 14, 15 November 2024 Before Employment Judge Davies Mr K Lannaman Ms R Hodgkinson Appearances For the Claimant: Mr T Parsons-Munn (counsel) For the Respondent: Mr G Price (counsel) JUDGMENT 1. All claims against the First Respondent are dismissed on withdrawal by the Claimant. 2. The complaints that the Second Respondent subjected the Claimant to detriment by (1) telephoning him on 15 June 2023 to check on his whereabouts and instruct him to return to Bridlington Hospital and (2) requesting his colleagues to submit Datix reports about him in September 2023, for the sole or main purpose of preventing or deterring him from taking part in the activities of an independent trade union at an appropriate time or penalising him for doing so contrary to s 146(1)(b) Trade Union & Labour Relations (Consolidation) Act 1992, are well- founded and succeed. 3. Those complaints formed a series of similar acts and the Tribunal claim about them was therefore presented within the time limit in s 147 of that Act. 4. The remaining claims against the Second Respondent are not well-founded and are dismissed. 5. The Second Respondent shall pay the Claimant £10,000 compensation for injury to feelings. 2 of 2 Employment Judge Davies 15 November 2024 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. If ...

Download full PDF

Compensation

Total£10,000
* Estimated figure
Injury to Feelings£10,000

Employer

Respondent

York and Scarborough Teaching Hospitals NHS Foundation Trust and York Teaching Hospitals Facilities Management LLP

View all cases →

Employment Details

Industry
Healthcare

Case Details

Case Number
1800924/2024
Decision Date
15/11/2024
Published
11/11/2025
Jurisdiction
England & Wales
Judge
Employment Judge Davies