Case 1601128/2021 · Employment Tribunal
Ms P Chapman v Pearlcare (Sandford) Ltd and 2 others — 2022
- Case reference
- 1601128/2021
- Decision date
- 19 July 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge T. Vincent Ryan
- Panel members
- Ms P. Humphreys, Mr M. Pearson
Parties
4 namedClaimant
Ms P Chapman
Key findings
Tribunal's reasoningThe tribunal refused the claimant's application to admit late-disclosed documents in the interests of justice. It found that she had made protected disclosures to the first respondent about resident safety, in the sense that she held a reasonable and genuine belief that residents' health and safety at the care home had been, was being and was likely to be endangered.
The tribunal held that the claims were presented out of time, save for the dismissal claim, and that it had no jurisdiction to hear them. It also recorded that all claims against the third respondent were withdrawn, together with the direct sex discrimination and harassment claims based on the allegations about a default requirement to use a designated changing area and inadequate changing facilities for women.
In the alternative, the tribunal dismissed the Public Interest Disclosure detriment claim said to involve being shunned, ignored and branded a troublemaker, and dismissed the sex discrimination and harassment claims based on the alleged misuse of a CCTV camera. The claimant's automatic unfair dismissal claim also failed; the tribunal found that she was dismissed on 31 March 2021 for a reason related to conduct, rather than because she made protected disclosures.
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 |
|---|---|---|---|---|
| Sex discrimination | Withdrawn by the claimant. Based on allegations that there was a default requirement to use an area designated by the second respondent to get changed and that there were inadequate changing facilities for women. | Withdrawn | Sex | — |
| Harassment | Withdrawn by the claimant. Based on the same changing-area and changing-facilities allegations. | Withdrawn | Sex | — |
| Sex discrimination | Dismissed. This related to the alleged misuse of a CCTV camera. | Dismissed | Sex | — |
| Harassment | Dismissed. This related to the alleged misuse of a CCTV camera. | Dismissed | Sex | — |
| Whistleblowing | The tribunal found the claimant had made protected disclosures about resident safety, but the Public Interest Disclosure detriment claim alleging she was shunned, ignored and branded a troublemaker was out of time and the tribunal had no jurisdiction to hear it; alternatively, it failed and was dismissed. | Dismissed | — | — |
| Unfair dismissal | Automatic unfair dismissal claim alleging dismissal because of protected disclosures. The tribunal found the claimant was dismissed on 31 March 2021 for a reason related to conduct. |
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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