Case 2200373/2023 · Employment Tribunal
Mrs L Amidon v Tavistock and Portman NHS Trust — 2024
- Case reference
- 2200373/2023
- Decision date
- 20 September 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Keogh
- Venue
- Central London
- Panel members
- Mr D Shaw, Ms D Keyms
Parties
2 namedClaimant
Mrs L Amidon
Respondent
Key findings
Tribunal's reasoningThe claimant, a Child and Adolescent Psychotherapist in the respondent's Complex Assessment Team, brought complaints about alleged detriments after raising safeguarding concerns, together with direct race discrimination and harassment related to race. The Tribunal heard evidence over a ten-day hearing and recorded that its decision was unanimous.
The Tribunal dismissed all protected disclosure detriment complaints. In the final conclusions shown in the prompt, it found no evidence that the investigation delays or approach were caused by ill feeling towards the claimant because she had made protected disclosures, and it rejected several alleged detriments as either not proven, not detrimental, or not on grounds of protected disclosures.
The race discrimination and harassment complaints also failed. The Tribunal rejected the allegation that Mr Bayayi subjected the claimant to aggressive questioning, found his questions reasonable in the context of investigating allegations of racism, and found that he would have treated a non-White person in the same way. It further found that the conduct could not reasonably have had the effect required for harassment.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Whistleblowing | Complaints of detriments on grounds of making protected disclosures under section 47B Employment Rights Act 1996 were unsuccessful and dismissed. The prompt text is truncated, but includes the judgment order and final conclusions. | Dismissed | — | — |
| Race discrimination | Complaint of direct race discrimination under section 13 Equality Act 2010 was unsuccessful and dismissed. | Dismissed | Race | — |
| Harassment | Complaint of harassment related to race was unsuccessful and dismissed. The judgment heading refers to section 13 Equality Act 2010, although harassment is normally a separate statutory complaint. | Dismissed | Race | — |
Legal tests applied
3 references- section 47B Employment Rights Act 1996
- section 13 Equality Act 2010
- balance of probabilities
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
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