Case 1601297/2022 · Employment Tribunal
Mr E K Bett v Betsi Cadwaladr University Local Health Board — 2025
- Case reference
- 1601297/2022
- Decision date
- 8 July 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge P Davies
- Venue
- Cardiff
- Panel members
- Mrs J Beard, Mr A Fryer
Parties
2 namedClaimant
Mr E K Bett
Key findings
Tribunal's reasoningThe Tribunal dismissed the claims of unfair dismissal, race discrimination, sexual orientation discrimination, harassment and victimisation. It found that the respondent had applied processes concerned with safeguarding patients, staff and others, and did not accept that the challenged referrals, restrictions on representation or other steps were discriminatory or retaliatory.
The Tribunal accepted that the claimant made a protected act by complaining of racial discrimination in his resignation, but found no connection between that act and the subsequent Nursing and Midwifery Council referral. It found that the referral was made because the respondent considered it had a duty to do so in circumstances where matters remained to be investigated and determined.
On the constructive unfair dismissal allegation, the Tribunal found that the earlier incidents and the respondent's handling of the claimant's suspension did not amount individually or collectively to a fundamental breach of contract. It found there was no dismissal within the meaning of section 95 of the Employment Rights Act 1996.
Claims and outcomes
8 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claim was advanced as constructive unfair dismissal. The Tribunal found no dismissal within the meaning of section 95 of the Employment Rights Act 1996. | Dismissed | — | — |
| Race discrimination | Recorded from the judgment. | Dismissed | Race | — |
| Sexual orientation discrimination | Recorded from the judgment. | Dismissed | Sexual orientation | — |
| Harassment | The harassment claim was based on race and sexual orientation. | Dismissed | Race | — |
| Harassment | The harassment claim was based on race and sexual orientation. | Dismissed | Sexual orientation | — |
| Victimisation | The Tribunal accepted that the claimant made a protected act by complaining of racial discrimination in his resignation, but found no connection between that act and the Nursing and Midwifery Council referral. | Dismissed | — | — |
| Wrongful dismissal | The claim form included notice pay. The visible judgment text records that all claims were dismissed but does not set out separate notice pay reasoning. |
Legal tests applied
7 references- Section 13 Equality Act 2010
- Section 26 Equality Act 2010
- Abertawe Bro Morgannwg University Local Health Board v Morgan [2018]
- ACAS Code of Practice on Disciplinary and Grievance Procedures
- Section 149 Equality Act 2010
- Section 156 Equality Act 2010
- Section 95 Employment Rights Act 1996
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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