Mr O Oyesanya v The Pennine Acute Hospitals NHS Trust — Employment Tribunal 2017

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Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unfair dismissal	The order recorded that complaints including ordinary unfair dismissal and automatically unfair dismissal under section 103A ERA were to be determined at a later hearing; no merits outcome was reached in this judgment.	Other	—	—
Whistleblowing	Protected disclosure detriment and section 103A ERA issues were case-managed, including identification of alleged disclosures and detriments. The judgment did not determine the merits.	Other	—	—
Race discrimination	The tribunal permitted the claimant to pursue race discrimination and harassment related to race as set out in Schedule A. No merits outcome was reached.	Other	Race	—
Age discrimination	The tribunal permitted the claimant to pursue age discrimination and harassment related to age as set out in Schedule A. No merits outcome was reached.	Other	Age	—
Harassment	Permission to amend was granted to include harassment related to age and race, but the merits were not determined.	Other	—	—
Victimisation	Permission to amend was granted to include victimisation only to the extent set out in Schedule A, based on the claimant's letter of 26 July 2013 and allegations 48 to 51. No merits outcome was reached.	Other	—	—
Breach of contract	The judgment recorded breach of contract complaints, including annual leave, redundancy payment and programmed activities issues, but did not determine the merits. Permission was refused for one proposed breach of contract amendment about unilateral requirements to work sessions or programmed activities at particular times.	Other	—	—
Unlawful deduction from wages	The programmed activities pay issue was identified as a breach of contract/unlawful deductions complaint to be determined later. No merits outcome was reached.	Other	—	—
Fixed-term employee regulations	The order identified a complaint under the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 and the comparator as Mandy Jones. No merits outcome was reached.	Other	—	—
Other	The order identified complaints about denial of the right to be accompanied, written reasons for dismissal and other pleaded issues. Some duplicate allegations were dismissed following withdrawal, and one allegation headed 'Insignificant issues about conduct being highlighted and/or escalated' was struck out as having no reasonable prospect of success.	Other	—	—

Claim type

Issue or finding

Outcome

Protected characteristic

Award

The order recorded that complaints including ordinary unfair dismissal and automatically unfair dismissal under section 103A ERA were to be determined at a later hearing; no merits outcome was reached in this judgment.

Other

—

Whistleblowing

Protected disclosure detriment and section 103A ERA issues were case-managed, including identification of alleged disclosures and detriments. The judgment did not determine the merits.

Other

—

Race discrimination

The tribunal permitted the claimant to pursue race discrimination and harassment related to race as set out in Schedule A. No merits outcome was reached.

Other

Race

—

Age discrimination

The tribunal permitted the claimant to pursue age discrimination and harassment related to age as set out in Schedule A. No merits outcome was reached.

Other

Age

—

Harassment

Permission to amend was granted to include harassment related to age and race, but the merits were not determined.

Other

—

Victimisation

Permission to amend was granted to include victimisation only to the extent set out in Schedule A, based on the claimant's letter of 26 July 2013 and allegations 48 to 51. No merits outcome was reached.

Other

—

Breach of contract

The judgment recorded breach of contract complaints, including annual leave, redundancy payment and programmed activities issues, but did not determine the merits. Permission was refused for one proposed breach of contract amendment about unilateral requirements to work sessions or programmed activities at particular times.

Other

—

Unlawful deduction from wages

The programmed activities pay issue was identified as a breach of contract/unlawful deductions complaint to be determined later. No merits outcome was reached.

Other

—

Fixed-term employee regulations

The order identified a complaint under the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 and the comparator as Mandy Jones. No merits outcome was reached.

Other

—

Other

The order identified complaints about denial of the right to be accompanied, written reasons for dismissal and other pleaded issues. Some duplicate allegations were dismissed following withdrawal, and one allegation headed 'Insignificant issues about conduct being highlighted and/or escalated' was struck out as having no reasonable prospect of success.

Other

—

Mr O Oyesanya v The Pennine Acute Hospitals NHS Trust — 2017

Parties

Claimant

Respondent

Key findings

Claims and outcomes

Legal tests applied

Official outcome judgment PDF

How we got this data