Ms D Shillingford v Barts Health NHS Trust — 2020

The Claimant was employed by Barts Health NHS Trust from 19 March 2007 until her summary dismissal on 23 April 2018. The Tribunal found that the reason for dismissal was conduct, including findings made in the disciplinary process about unauthorised leave, refusal to follow instructions, and communications with managers and colleagues. It found that the Respondent held an honest and genuine belief in the misconduct, had reasonable grounds for that belief, and carried out as much investigation as was reasonable.

The Tribunal considered the Claimant's procedural complaints about the disciplinary process. It found that most did not have substance, and although it regarded the exclusion of the Claimant and later her representative while Ros Doyle gave part of her evidence as undesirable, it concluded that this did not make the dismissal unfair and that the relevant findings were based on documentary evidence rather than disputed oral evidence from Ms Doyle. The Tribunal found the dismissal fell within the band of reasonable responses and dismissed the unfair dismissal claim.

The Tribunal dismissed the direct race discrimination claim, finding that the Claimant had not established a prima facie case that the listed treatment was because of race. It also dismissed the victimisation claim: although the Claimant relied on her 18 May 2017 grievance letter as the protected act, the Tribunal found the disciplinary process had already commenced and was not pursued because of that letter.