Case 1600412/2018 · Employment Tribunal
Miss C Robinson v Mind Monmouthshire Ltd — 2020
- Case reference
- 1600412/2018
- Decision date
- 7 May 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge A Frazer Members
- Venue
- Cardiff
- Panel members
- Mrs L Thomas, Mrs C Williams
Parties
2 namedClaimant
Miss C Robinson
Respondent
Key findings
Tribunal's reasoningThe claimant worked for the respondent from February 2016 in an open-plan office. The tribunal accepted that there was frequent bad language and banter in the office, including racially and sexually offensive language and comments derogatory to disabled people. In August 2016 the claimant saw staff, including managers, imitating people with physical disabilities. She reported this to management, and the tribunal found that this amounted both to disability-related harassment and to a protected disclosure in the public interest.
Claims and outcomes
6 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 |
|---|---|---|---|---|
| Unfair dismissal | Automatic unfair dismissal under s.103A ERA 1996 on a constructive dismissal basis; tribunal found the claimant resigned in response to a breach of the implied term of trust and confidence, with the CEO's third-party enquiries on 30 November 2017 treated as the last straw. | Upheld | — | — |
| Whistleblowing | The tribunal found the claimant made a protected disclosure about staff mocking a physically disabled person, but the separate detriment allegations were not upheld: paragraph 4.3.1 was not upheld and paragraph 4.3.2 was held out of time. | Dismissed | — | — |
| Disability discrimination | Failure to make reasonable adjustments was upheld. The tribunal found the respondent's open-plan work environment and failure to act on Occupational Health recommendations, including mediation and other supportive steps, amounted to a breach of the duty. | Upheld | Disability | — |
| Disability discrimination | The s.15 Equality Act claim was not upheld. The tribunal accepted that requiring the claimant to raise a grievance was unfavourable treatment, but it did not find that the treatment was because of the matters identified in the list of issues. | Dismissed | Disability | — |
| Harassment | The disability-related harassment claim was found to be well out of time. The incident occurred in August 2016 and the tribunal did not extend time on a just and equitable basis. |
Legal tests applied
13 references- s.95(1)(c) ERA 1996
- Malik v BCCI SA [1998] AC 20
- Omilaju v Waltham Forest London Borough Council [2005] ICR 481
- Kaur v Leeds Teaching Hospitals NHS Trust [2018] EWCA Civ 978
- s.103A ERA 1996
- s.43B ERA 1996
- s.47B ERA 1996
- s.15 Equality Act 2010
- s.20 Equality Act 2010
- s.21 Equality Act 2010
- s.26 Equality Act 2010
- s.27 Equality Act 2010
- s.123 Equality Act 2010
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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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