Case 1400871/2020 · Employment Tribunal
In person For the v Respondent — 2021
- Case reference
- 1400871/2020
- Decision date
- 16 August 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Rayner
- Venue
- Southampton
- Panel members
- Ms Hewitt-Gray, Ms J Miller
Parties
1 namedClaimant
In person For the
Respondent
- —
Key findings
Tribunal's reasoningThe tribunal found that Mrs Anna Duralska was constructively and unfairly dismissed by North Bristol NHS Trust. It also upheld a harassment claim related to race and/or nationality arising from five incidents between February/March 2019 and October 2019, including remarks about foreigners, Polish workers, the claimant's husband learning Polish, a cake-related comment, comments about a Polish gang trafficking slave workers, and a remark about no more Polish drama.
The tribunal further upheld victimisation contrary to section 27 Equality Act 2010 in relation to being told to work on the 6th floor on return to work, the decision to terminate the claimant's fixed-term contract and not renew it, and the dismissal. The written record states that the claims were part of a continuous act and/or that time should be extended where necessary.
The tribunal ordered payment of £25,605.50, made up of a basic award of £3,075.21, £500 for loss of statutory rights, £694.15 for pension loss, £4,704.27 for loss of earnings, £15,000 for injury to feelings, and £1,631.87 interest on loss of earnings and injury to feelings.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal recorded that the claimant was constructively and unfairly dismissed. The written record does not split the financial award between the successful claims. | Upheld | — | — |
| Harassment | Upheld in relation to five incidents between February/March 2019 and October 2019. The judgment uses the phrase race and/or nationality. | Upheld | Race | — |
| Victimisation | Upheld in relation to being told to work on the 6th floor on return to work, the decision to terminate the fixed-term contract and not renew it, and the dismissal. | Upheld | — | — |
Remedy
Monetary award- Total award
- £25,606
- across all upheld claims
- Basic award
- £3,075
- statutory, unfair dismissal
- Compensatory award
- £5,898
- compensatory remedy recorded
Legal tests applied
3 references- section 27 Equality Act 2010
- continuous act
- just and equitable to extend time
Official outcome judgment PDF
Gov.uk primary recordThe 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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