Ms Sheena J B Worthington v Norton Healthcare Ltd t/a Teva Runcorn — 2023

Ms Sheena J B Worthington worked for Norton Healthcare Ltd t/a Teva Runcorn as a sterile specialist from 19 April 2022 until 27 May 2022. The tribunal recorded that she accepted she breached the company's rules by taking photographs in a sterile area and posting selfies on social media that showed confidential information. The respondent relied on those matters as gross misconduct and denied any discrimination.

The claimant brought direct race discrimination and direct age discrimination claims arising from her dismissal. She relied on comparisons with Mr Garfield Hamilton and, at an earlier stage, Ms Virginia Lucaz. The tribunal accepted the respondent's case that those proposed comparators were not in the same circumstances as the claimant, and it found no evidence of less favourable treatment or any causal link between the dismissal decision and race or age. It also noted the dismissing officer, Mr Adam Platt, had no knowledge of Mr Hamilton having breached any relevant rules.

Applying the rule 37 strike-out jurisdiction and the authorities cited, including the no reasonable prospect of success test, the tribunal concluded that each discrimination claim had no reasonable prospect of success and struck them out. It made no deposit order. The hearing dates listed for May 2024 were vacated.

The unfair dismissal claim was dismissed on withdrawal by the claimant for lack of jurisdiction because she did not have the two years' continuity of service needed to bring that claim.