Case 2407268/2023 · Employment Tribunal
Ms G Ursuleanu v Vicars Cross Healthcare Limited and 5 others — 2024
- Case reference
- 2407268/2023
- Decision date
- 20 June 2024
- Jurisdiction
- England & Wales
Parties
7 namedClaimant
Ms G Ursuleanu
Key findings
Tribunal's reasoningAt a preliminary hearing, the Tribunal considered potential liability and jurisdiction issues rather than the merits of the claimant's substantive claims. It found that Respondent 6 was an employee of Respondent 1, and that Respondent 4 met the Equality Act 2010 definition of employee or, alternatively, acted as an agent of Respondent 1. It therefore found Respondent 1 potentially liable for alleged acts of discrimination, harassment or victimisation by Respondents 4 and 6, and found Respondents 4 and 6 potentially personally liable under section 110 Equality Act 2010.
For the public interest disclosure detriment claim, the Tribunal found Respondent 4 potentially liable as a worker under the extended statutory definition, or as agent of Respondent 1, with Respondent 1 potentially liable for Respondent 4's actions. The Tribunal treated alleged disclosures to Respondent 4 on 25 February 2023 and 25 March 2023 as disclosures to the claimant's employer for the limited purpose of the preliminary issue, but stated that whether they were qualifying disclosures remained for the final hearing.
The Tribunal found Respondents 3 and 5 were purely volunteers and did not meet the relevant definitions under the Equality Act 2010 or Employment Rights Act 1996. It held that it had no jurisdiction to hear legal claims against them and struck them out as respondents.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | Preliminary hearing judgment only. The Tribunal decided potential liability and jurisdiction issues for Equality Act claims; it did not determine the merits of the race discrimination claim. Respondents 3 and 5 were struck out as respondents because they were found to be volunteers outside the relevant statutory definitions. | Other | Race | — |
| Sex discrimination | Preliminary hearing judgment only. The Tribunal decided potential liability and jurisdiction issues for Equality Act claims; it did not determine the merits of the sex discrimination claim. Respondents 3 and 5 were struck out as respondents because they were found to be volunteers outside the relevant statutory definitions. | Other | Sex | — |
| Harassment | The judgment refers to alleged acts of harassment under the Equality Act 2010 but does not identify a protected characteristic for harassment or determine the merits. It decided potential liability for Respondents 1, 4 and 6 and struck out Respondents 3 and 5 as respondents. | Other | — | — |
| Victimisation | The judgment refers to alleged victimisation under the Equality Act 2010 but does not determine the merits. It decided potential liability for Respondents 1, 4 and 6 and struck out Respondents 3 and 5 as respondents. | Other | — | — |
| Whistleblowing | Preliminary hearing judgment only. The Tribunal found Respondent 4 potentially liable for alleged public interest disclosure detriment and Respondent 1 potentially liable for Respondent 4's actions. It assumed, for this issue only, that the alleged disclosures were qualifying disclosures and stated that whether they were qualifying disclosures remained for the final hearing. Respondents 3 and 5 were struck out as respondents. |
Legal tests applied
5 references- section 109 Equality Act 2010
- section 110 Equality Act 2010
- section 47B Employment Rights Act 1996
- section 43K Employment Rights Act 1996
- section 43C(1)(a) 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.
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