Case 1403724/2023 · Employment Tribunal
In person with Miss B Parsons For the v Miss Kendrick, solicitor — 2024
- Case reference
- 1403724/2023
- Decision date
- 8 October 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Rayner
- Venue
- Southampton
- Panel members
- Mrs C Earwaker, Mr K Sleeth
Parties
2 namedClaimant
In person with Miss B Parsons For the
Respondent
Key findings
Tribunal's reasoningThe claimant resigned on 17 February 2023 after raising grievances and being absent from work with work related stress. The tribunal found that failures in the grievance investigation, the stopping of the claimant's pay, and related acts and omissions breached the implied term of mutual trust and confidence. It concluded that those breaches entitled the claimant to resign and that there was no fair reason for the termination of his contract.
The tribunal upheld direct race discrimination in relation to some allegations involving Mr Cooper, including the issues identified as 2.1.1, 2.1.2, 2.1.2.1, 2.1.2.2 and 2.1.4. Other direct race discrimination allegations were dismissed, and the race-related harassment claims were dismissed.
The tribunal found that the successful race discrimination allegations were out of time, but decided it was just and equitable to extend time. It noted the claimant's attempt to resolve matters internally, his work related stress, delay in the respondent's investigation, and that the upheld claims had merit. Remedy was not decided and was to be listed for a separate hearing.
Claims and outcomes
4 findings recordedThis 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 |
|---|---|---|---|---|
| Constructive dismissal | The tribunal found that the respondent's breaches of the implied term of mutual trust and confidence entitled the claimant to resign, and concluded that he was constructively dismissed and unfairly constructively dismissed. | Upheld | — | — |
| Race discrimination | Direct race discrimination under section 13 Equality Act 2010 succeeded in respect of issues 2.1.1, 2.1.2, 2.1.2.1, 2.1.2.2 and 2.1.4 only. | Upheld | Race | — |
| Race discrimination | Direct race discrimination under section 13 Equality Act 2010 was dismissed in respect of issues 2.1.3, 2.1.5, 2.1.6, 2.1.7 and 2.1.8. | Dismissed | Race | — |
| Harassment | The claims of harassment related to race under section 26 Equality Act 2010 were not well founded and were dismissed. | Dismissed | Race | — |
Legal tests applied
5 references- section 13 Equality Act 2010
- section 26 Equality Act 2010
- implied term of mutual trust and confidence
- fundamental breach of contract
- just and equitable extension of 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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.