Miss C Pierre v Barts Health NHS Trust — 2017

The claimant was employed as a Maternity Assistant and resigned with immediate effect on 11 October 2018. She complained of constructive unfair dismissal, direct race discrimination and victimisation. The tribunal rejected her allegation that there had been a conspiracy against her, finding instead that different managers made separate decisions at different times for the management reasons they gave.

On constructive dismissal, the tribunal found that none of the matters relied on breached the implied term of trust and confidence. It found reasonable and proper cause for the grievance appeal arrangements, the handling of the later grievance letter, the rescheduling of the occupational health case conference, the conduct of the sickness absence process, the use of the claimant's personal email address, and the steps taken about payslips. It found the claimant's resignation was caused by her sense of grievance about removal from the Community Team and mainly by a new bus driver job offer, and that she was not dismissed.

On race discrimination, the tribunal found that several complaints were out of time and did not form part of a continuing act. It also found on the merits that the claimant had not shown less favourable treatment or primary facts from which discrimination because of race or colour could be inferred, and that the respondent had given accepted explanations for the treatment complained of.

On victimisation, the tribunal found that the claimant's complaints in December 2013 and January 2017 were protected acts. However, it found no evidence that the alleged detriments were because of those protected acts, and found that some of the matters relied on were not detriments when assessed objectively.