Mr Constantin (representing himself) For the v Viktorija Kanasonkaite (HR Officer and employee of the Respondent) — 2019

The claimant worked as a support worker at Ballater House from 26 March 2018. The case arose from an incident on 18 May 2018 involving resident JS and staff member Mr Ajani. The tribunal found that at a meeting with Registered Manager Mr Adeyemo on 22 May 2018 the claimant gave only the brief account recorded in a written statement, and did not disclose that Mr Ajani had punched JS. It rejected the claimant's evidence that he had given a fuller oral account and found that the statement accurately reflected what he said at that meeting.

The tribunal accepted that the claimant later made protected disclosures, including his report to the CQC on 4 June 2018, his account to Mr Phillips on 8 June 2018, and his reports to the police. However, it found that the respondent dismissed him on 21 June 2018 because he had failed to give a full disclosure of the incident when first interviewed, which the respondent treated as misconduct and a breach of duty of candour. The tribunal found that this was the true reason for dismissal and that there was no basis for the case that he was dismissed because he had made a protected disclosure.

The direct race discrimination claim also failed. The tribunal found there was no evidence that race affected the dismissal and no facts from which the burden of proof under s.136 Equality Act 2010 could shift to the respondent. The appeal heard by Ms Karki on 12 July 2018 was unsuccessful and the dismissal was upheld on 21 July 2018. No monetary award was made because both claims were dismissed.