Case 2201170/2023 · Employment Tribunal
Mr G Idenekpoma v Camden & Islington NHS Trust — 2024
- Case reference
- 2201170/2023
- Decision date
- 12 December 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Joffe
- Panel members
- Ms L Jones, Mr M Simon
Parties
2 namedClaimant
Mr G Idenekpoma
Respondent
Key findings
Tribunal's reasoningThe claimant worked for Camden & Islington NHS Trust as a clinical support worker and then on a Trainee Nurse Associate course. The tribunal accepted that he made a protected disclosure on 27 June 2022 by emailing Ms Pollock with concerns about the treatment of a patient, but it rejected the claim that subsequent events amounted to detriment because of that disclosure. It found that the disputed leave request was the result of a Health Roster glitch and was quickly corrected, and it did not accept that the investigation of his complaint or later management steps were shown to be retaliatory.
The tribunal also rejected the allegations of age discrimination. It found that the claimant had not proved the more serious alleged comments by Mr Nkurunzziza, the Coral Ward staff member, or Ms Patterson. The one incident it did accept was that Mr Nkurunzziza raised his voice on 26 June 2022, but it found that this was linked to frustration about the claimant's conduct and task allocation, not because of age. The tribunal found that the tasks in question, including breakfast duty and some observations, were within the scope of the trainee role and that the claimant had not shown less favourable treatment because he was younger.
On disability, the tribunal accepted that the claimant had depression and that it had a substantial adverse effect on his day-to-day activities, but held that at the relevant time it was not shown to be long-term or likely to recur, so he was not disabled within section 6 of the Equality Act 2010. For that reason the reasonable adjustments claim failed, and the tribunal also said there was insufficient evidence of a relevant PCP or of the respondent's knowledge. The unauthorised deductions claim was also dismissed after the claimant said he was satisfied he had been paid for the two weeks in question. No monetary award was made.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Whistleblowing | The tribunal accepted that the claimant made a protected disclosure by emailing Ms Pollock on 27 June 2022 about patient treatment, but held that the alleged detriments were not proved to have been caused by that disclosure. | Dismissed | — | — |
| Age discrimination | The tribunal did not accept that the claimant was treated less favourably because of age. It found that the task allocation and raised voice complaints were explained by work and conduct issues, and it did not accept the more serious alleged age-related remarks. | Dismissed | Age | — |
| Disability discrimination | The tribunal accepted that the claimant suffered from depression and that it had a substantial adverse effect, but found that it was not shown to be long-term or likely to recur at the relevant time, so he was not disabled within section 6 Equality Act 2010. It also found no established PCP or knowledge for the reasonable adjustments claim. | Dismissed | Disability | — |
| Unlawful deduction from wages | The claimant alleged unpaid wages for two weeks in November 2022, but after discussion at the hearing he indicated he was satisfied that he had been paid. | Dismissed | — | — |
Legal tests applied
17 references- s.43B ERA 1996
- s.47B ERA 1996
- s.48 ERA 1996
- s.6 Equality Act 2010
- s.13 Equality Act 2010
- s.20 Equality Act 2010
- s.21 Equality Act 2010
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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.
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