Case 1802872/2021 · Employment Tribunal
Miss X v Wetherby Home Care Limited — 2022
- Case reference
- 1802872/2021
- Decision date
- 18 November 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Deeley
- Venue
- Leeds
- Panel members
- Dr M Taj OBE, Mr D Wilks OBE
Parties
2 namedClaimant
Miss X
Respondent
Key findings
Tribunal's reasoningThe tribunal sat at Leeds on 11, 14, 16, 17 and 18 November 2022 before Employment Judge Deeley, Dr M Taj OBE and Mr D Wilks OBE. It dismissed the claimant’s complaints of protected disclosure detriment under s47B of the Employment Rights Act 1996 and automatic unfair dismissal for protected disclosure under s98 of the Employment Rights Act 1996. Those complaints were therefore not upheld on the facts found by the tribunal.
The tribunal also dismissed the claimant’s direct disability discrimination claim under s13 Equality Act 2010 and her harassment claim related to disability under s26 Equality Act 2010. Her claim of unauthorised deductions from wages concerning deductions made from her final payslip for training costs and company property was likewise dismissed.
The separate claim for unauthorised deductions from wages relating to under-payment of holiday pay on termination of employment was dismissed because the claimant withdrew it. The judgment records no monetary award.
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 |
|---|---|---|---|---|
| Whistleblowing | Protected disclosure detriment under s47B ERA 1996. | Dismissed | — | — |
| Unfair dismissal | Automatic unfair dismissal (protected disclosure) under s98 ERA 1996. | Dismissed | — | — |
| Disability discrimination | Direct disability discrimination under s13 Equality Act 2010. | Dismissed | Disability | — |
| Harassment | Harassment related to disability under s26 Equality Act 2010. | Dismissed | Disability | — |
| Unlawful deduction from wages | Unauthorised deductions from wages relating to deductions made from the final payslip in respect of training costs and company property. | Dismissed | — | — |
| Unlawful deduction from wages | Unauthorised deductions from wages relating to under-payment of holiday pay on termination of employment. | Withdrawn | — | — |
Legal tests applied
4 references- s47B Employment Rights Act 1996
- s98 Employment Rights Act 1996
- s13 Equality Act 2010
- s26 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.
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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