Case 2416799/2019 · Employment Tribunal
Mrs C McConville v Warrington & Halton Hospitals NHS Foundation Trust — 2021
- Case reference
- 2416799/2019
- Decision date
- 29 January 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Buzzard
- Venue
- Liverpool
- Panel members
- Ms A Gilchrist, Mr A Wells
Parties
2 namedClaimant
Mrs C McConville
Key findings
Tribunal's reasoningThe tribunal struck out Mrs C McConville's unfair dismissal claim. It found that her successful appeal against her dismissal rescinded the dismissal she was seeking to challenge, so she could not pursue unfair dismissal arising from that decision. The tribunal also recorded that she pursued no other unfair dismissal claim and therefore the claim had no prospect of success.
On the preliminary disability issue, the tribunal found that diverticulosis associated with inflammatory bowel problems met the Equality Act 2010 definition of disability at all relevant times. It did not find vertigo to be a disability because the claimant had not shown that it was a long-term condition on the balance of probabilities. The claimant's contention that hypertension amounted to a disability was withdrawn, and the respondent conceded that depression made her a disabled person at all relevant times.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held that the claimant's successful appeal against dismissal rescinded the dismissal relied on, so she could not pursue unfair dismissal arising from that decision. It also found she pursued no other unfair dismissal claim, so the claim had no prospect of success. | Struck out | — | — |
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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