Case 2303679/2023 · Employment Tribunal
Miss. C. Roberston v The Secretary of State for Justice — 2025
- Case reference
- 2303679/2023
- Decision date
- 16 May 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Sudra Sitting
- Venue
- London South
- Panel members
- Ms. C. Edwards, Ms. C. Lloyd-Jennings
Parties
2 namedClaimant
Miss. C. Roberston
Respondent
Key findings
Tribunal's reasoningThe Tribunal dismissed the complaints of direct race discrimination, direct disability discrimination, discrimination arising from disability, and victimisation. It found that the pleaded allegations concerning suspension, disciplinary and grievance processes, sickness absence warning, and final written warning were not made out or were not because of race, disability, something arising from disability, or protected acts.
On discrimination arising from disability, the Tribunal also stated that, even if its primary finding was wrong, the Respondent's treatment was a proportionate means of achieving the stated legitimate aim of complying with conduct and professionalism policies. For victimisation, it accepted that the Claimant had carried out protected acts, but found no proven nexus between those acts and the detriments alleged.
The Tribunal dismissed the constructive unfair dismissal complaint. It found no repudiatory breach and concluded that the Claimant resigned of her own volition because she wanted to pursue university study and an alternative career path, rather than because she was forced to resign by the Respondent's alleged actions.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The judgment describes this as constructive unfair dismissal under s.95(1)(c) Employment Rights Act 1996 and dismisses it. | Dismissed | — | — |
| Race discrimination | Direct race discrimination was found not well founded and dismissed. | Dismissed | Race | — |
| Disability discrimination | Direct disability discrimination was found not well founded and dismissed. | Dismissed | Disability | — |
| Disability discrimination | Discrimination arising from disability under s.15 Equality Act 2010 was found not well founded and dismissed. | Dismissed | Disability | — |
| Victimisation | Victimisation was found not well founded and dismissed. | Dismissed | — | — |
Legal tests applied
5 references- s.95(1)(c) Employment Rights Act 1996
- s.13 Equality Act 2010
- s.15 Equality Act 2010
- s.27 Equality Act 2010
- proportionate means of achieving a legitimate aim
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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