Case 2305238/2021 · Employment Tribunal
Mr K Welmant v Barchester Healthcare Ltd — 2022
- Case reference
- 2305238/2021
- Decision date
- 6 September 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Barker Representatives
- Venue
- Croydon
Parties
2 namedClaimant
Mr K Welmant
Respondent
Key findings
Tribunal's reasoningThe Tribunal allowed the claimant's application to amend his claim to add a complaint of direct race discrimination under s13 Equality Act 2010.
The Tribunal found that the claimant was not an employee of the respondent within the meaning of s230 Employment Rights Act 1996. On that basis, it held that it did not have jurisdiction to hear the unfair dismissal and breach of contract complaints, and those claims were dismissed.
The judgment records that the claimant's claims relating to protected disclosures and unlawful deductions from wages were unaffected by this judgment and may proceed. No remedy was awarded in this judgment.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | The Tribunal allowed the claimant's application to amend his claim to add a complaint of direct discrimination on the grounds of race under s13 Equality Act 2010; the merits of that complaint were not determined in this judgment. | Other | Race | — |
| Unfair dismissal | Dismissed because the claimant was found not to be an employee of the respondent under s230 Employment Rights Act 1996, so the Tribunal did not have jurisdiction to hear the complaint. | Dismissed | — | — |
| Breach of contract | Dismissed because the claimant was found not to be an employee of the respondent under s230 Employment Rights Act 1996, so the Tribunal did not have jurisdiction to hear the complaint. | Dismissed | — | — |
| Whistleblowing | The judgment states that the claimant's claims relating to protected disclosures were unaffected by this judgment and may proceed; the merits were not determined. | Other | — | — |
| Unlawful deduction from wages | The judgment states that the claimant's unlawful deductions from wages claim was unaffected by this judgment and may proceed; the merits were not determined. | Other | — | — |
Legal tests applied
2 references- s13 Equality Act 2010
- s230 Employment Rights Act 1996
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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