Case 2301845/2022 · Employment Tribunal
MR G YANEV v Sussex Partnership NHS Foundation Trust — 2024
- Case reference
- 2301845/2022
- Decision date
- 11 April 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Harley
- Venue
- London South via CVP
- Panel members
- Mrs Alford, Mrs Carter
Parties
2 namedClaimant
MR G YANEV
Respondent
Key findings
Tribunal's reasoningThe claimant was employed by the respondent as a Senior Support Worker until his dismissal for alleged gross misconduct. The tribunal found that the investigation and disciplinary process were flawed, including failures to assess or obtain relevant evidence and to address concerns about the principal witness's credibility.
The tribunal concluded that the respondent did not have reasonable grounds to sustain a genuine belief that the claimant was guilty of misconduct. It found that the disciplinary process was outside the range of reasonable responses and that none of the three elements of the Burchell test were satisfied, so the unfair dismissal claim succeeded.
The judgment records that the claimant's race discrimination claim, harassment claim and victimisation claim failed. The judgment was on liability and stated that a further hearing would be listed to consider remedy.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The judgment found the dismissal unfair and stated that a further hearing would be listed to consider remedy. | Upheld | — | — |
| Race discrimination | The claim was pleaded by reference to Bulgarian nationality and comparison with a hypothetical white British worker. The judgment states that the claimant was not subject to race discrimination. | Dismissed | Race | — |
| Harassment | The issues identified alleged harassment related to race and/or sexual orientation. The judgment states that the harassment claim failed. | Dismissed | Race | — |
| Victimisation | The judgment states that the victimisation claim failed. | Dismissed | — | — |
Legal tests applied
2 references- ACAS Code of Practice on disciplinary and grievance procedures
- Burchell Test
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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