Case 2411187/2021 · Employment Tribunal
Mrs B Lee v Northern Care Alliance NHS Foundation Trust Held at: Manchester Employment Tribunal — 2024
- Case reference
- 2411187/2021
- Decision date
- 20 February 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Barker
- Venue
- Manchester
- Panel members
- Mr Q Colburn, Mr M Stemp
Parties
2 namedClaimant
Mrs B Lee
Key findings
Tribunal's reasoningMrs B Lee brought claims for constructive unfair dismissal, failure to make reasonable adjustments, and harassment against Northern Care Alliance NHS Foundation Trust. The tribunal, sitting before Employment Judge Barker with Mr Q Colburn and Mr M Stemp, unanimously held that the constructive unfair dismissal claim succeeded and that the dismissal was unfair contrary to s.98 Employment Rights Act 1996.
The tribunal also upheld the failure to make reasonable adjustments claim under s.20-22 Equality Act 2010. It did not determine any remedy at this stage and instead directed that a remedy hearing be listed for one day.
The harassment claim under s.26 Equality Act 2010 was not considered on the merits because it was presented out of time. The tribunal found it was not just and equitable to extend time, so it had no jurisdiction to hear that claim.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The tribunal stated that the claimant's claim of constructive unfair dismissal succeeded and that she was unfairly dismissed contrary to s.98 Employment Rights Act 1996. | Upheld | — | — |
| Disability discrimination | The tribunal held that the claim for failure to make reasonable adjustments under s.20-22 Equality Act 2010 succeeded. | Upheld | Disability | — |
| Harassment | The tribunal said it did not have jurisdiction to consider the s.26 Equality Act 2010 harassment claim because it was presented out of time and it was not just and equitable to extend time. | Struck out | Disability | — |
Legal tests applied
4 references- s.98 Employment Rights Act 1996
- s.20-22 Equality Act 2010
- s.26 Equality Act 2010
- just and equitable to extend time
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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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