Mr B Hailu v The University College London Hospitals NHS Foundation Trust: 2205684/2019
| Jurisdiction | England & Wales |
| Judgment Date | 26 November 2020 |
| Citation | 2205684/2019 |
| Court | Employment Tribunal |
| Published date | 06 January 2021 |
| Subject Matter | Breach of Contract |
Case Number: 2205684/2019
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EMPLOYMENT TRIBUNALS
Claimant Respondent
Mr B Hailu
v
The University College London
Hospitals NHS Foundation Trust
Heard at: London Central
On: 21 – 25 September 2020
Before: Employment Judge Hodgson
Ms S Samek
Ms G Gillman
Representation
For the Claimant: In person
For the Respondent: Mr B Randle
JUDGMENT
1. The claim of unfair dismissal fails and is dismissed.
2. The claim of unlawful harassment fails and is dismissed.
3. The claim of direct discrimination fails and is dismissed.
4. The claim of breach of contract fails and is dismissed.
REASONS
Introduction
1.1 By a claim form presented on 10 December 2019, the claimant brought
claims of unfair dismissal, harassment, discrimination, and breach of
contract.
Case Number: 2205684/2019
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The Issues
2.1 The issues in this case were defined by EJ Elliott on 20 April 2020 as
follows:
(7) Constructive unfair dismissal
(i) Did the claimant resign by email in August or September 2019 by
email to Apheresis Charge Nurse Dawn Collier verbally on 14 August 2019
and confirmed in writing on 18 August 2019 or did he resign by email to
Supportive Day Care Sister Lauren Plummer on 11 September 2019? The
claimant accepts that when he resigned for the second time, he was
working his notice and an incident took place which caused him to leave
earlier. What was the effective cause of and effective date of termination?
(ii) Did he resign as a result of a fundamental breach of his contract of
employment?
(iii) The claimant relies on a breach of the implied term of trust and
confidence. The matters he relies upon as amounting to that breach are
the same as relied upon for his race discrimination claim which arose prior
to the resignation so as to be an effective cause.
(iv) In addition he relies upon (i) not being given a proper opportunity to
be rotated to the chemotherapy day unit when it was a fast track
development role – he says he was told this during his appraisal on 5 July
2019 and (ii) not being given sufficient opportunity to complete
competency units which was also raised in the appraisal?
(v) Did the claimant resign in response to the breach or did he affirm
the breach?
(vi) If the claimant was dismissed, was there a potentially fair reason for
his dismissal? The respondent relies on capability which is a potentially
fair reason.
(8) Section 26: Harassment related to race
a. The claimant describes his racial group as Black African.
b. Did the respondent engage in unwanted conduct as follows:
(a) On 18 June 2019 was he told by Supportive Day Care Sister Lauren
Plummer that the information he had mentioned was already on EPIC?
(b) Also on 18 June 2019 did she also say that the claimant needed to
be careful in future and to make sure that he read the parameters section of
the drugs he administered?
(c) Also on 18 June 2019 did Ms Plumer ask the claimant in front of
other colleagues why it too[k] him so long to put up the IVIG?
(d) Was the outcome of the claimant’s grievance in the HR outcome
letter of 18 October 2019 misguided, misinformed and lacking in the
investigation and therefore a further act of harassment?
(e) On 3 September 2019 was the claimant removed from the
coordination rota with no prior discussion of the decision?
(f) Was the claimant asked in his internal interview in November 2018
with Helen Keane and Dawn Collier “how would you deal with a patient who
declined to be treated by you because you are black?”
(g) On 6 September 2019 at approximately 18:30 hours, did Ms
Plummer suggest that the claimant end his employment at an earlier date
and was there no return to work discussion after he was off sick with back
pain?
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