Case 1310785/2020 · Employment Tribunal

Ms P Brooks v Sandwell Community Caring Trust Ltd — 2022

Case reference: 1310785/2020
Decision date: 3 March 2022
Jurisdiction: England & Wales
Judge: Employment Judge Faulkner
Venue: Midlands West
Panel members: Ms S Bannister, Mr P Wilkinson

Indexed: 23 May 2026

Parties

2 named

Claimant

Ms P Brooks

Respondent

Sandwell Community Caring Trust Ltd

Key findings

Tribunal's reasoning

The tribunal, sitting in the Midlands West on 28 February, 1 March and 2 March 2022 before Employment Judge Faulkner with Ms S Bannister and Mr P Wilkinson, rejected the Claimant's direct race discrimination case. It found that Sandwell Community Caring Trust Ltd did not contravene section 39 of the Equality Act 2010 by refusing to allow her brother to accompany her at a disciplinary hearing on 2 October 2020 or by dismissing her with effect from 28 October 2020.

The related complaint of harassment related to race under section 40 of the Equality Act 2010 was also dismissed. The tribunal made no race discrimination findings in the Claimant's favour.

The tribunal upheld the unfair dismissal complaint and held that Ms Brooks had been unfairly dismissed. The question of remedy for unfair dismissal was not determined in this judgment and was listed for a further hearing.

On the contractual and wage-related claims, the tribunal found that the Respondent was in breach of contract in failing to pay NHS pension contributions for August, September and October 2020. It ordered the Respondent to pay £540.46 within 14 days. The Claimant's further breach of contract complaints, her complaints of unauthorised deductions from wages, and her complaints under the Working Time Regulations 1998 were dismissed as not well-founded.

Claims and outcomes

7 findings recorded

This case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Race discrimination	Direct race discrimination allegations about the refusal to allow the Claimant's brother to accompany her at the disciplinary hearing on 2 October 2020, and about her dismissal with effect from 28 October 2020, were dismissed.	Dismissed	Race	—
Harassment	The complaint that the Respondent harassed the Claimant related to race at the disciplinary hearing on 2 October 2020 was dismissed.	Dismissed	Race	—
Unfair dismissal	The tribunal held that the Claimant was unfairly dismissed. Remedy for unfair dismissal was left to a further hearing.	Upheld	—	—
Breach of contract	The tribunal found a breach of contract in the Respondent's failure to pay NHS pension contributions during August, September and October 2020 and ordered payment of £540.46 within 14 days.	Upheld	—	£540
Breach of contract	Further breach of contract complaints were found not well-founded and dismissed.	Dismissed	—	—
Unlawful deduction from wages

Remedy

Monetary award

Total award: £540; across all upheld claims

Official outcome judgment PDF

Gov.uk primary record

The official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.

Published on gov.uk under the Open Government Licence v3.0.

How we got this data

Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.

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