Case 3202544/2021 · Employment Tribunal
Mr L Stone v Regent Office Care Limited t/a Samsic UK & JPC by Samsic and 5 others — 2024
- Case reference
- 3202544/2021
- Decision date
- 21 November 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Park Members
- Venue
- East London Hearing Centre
- Panel members
- Mr J Webb, Professor J Ukemenam
Parties
7 namedClaimant
Mr L Stone
Key findings
Tribunal's reasoningThe tribunal found that the claimant's ordinary unfair dismissal claim succeeded. It concluded that the dismissal was both substantively and procedurally unfair, and that the first respondent had already decided that termination was ultimately what would happen as early as February 2021, with later process steps not being genuine proposals.
Some Equality Act claims succeeded. The tribunal upheld victimisation complaints concerning the 25 February 2021 decision to proceed with an SOSR dismissal, the 26 April 2021 return to work interview, and the 30 July 2021 dismissal. It also upheld some failure to make reasonable adjustments complaints concerning delay in dealing with suspensions and failures to allow a companion at specified meetings.
The tribunal dismissed the remaining claims for automatic unfair dismissal due to whistleblowing, direct disability discrimination, other reasonable adjustment complaints, harassment related to disability, other victimisation complaints, whistleblowing detriment, breach of contract, and holiday pay. Remedy was deferred to a separate hearing, and the judgment records no award figures.
Claims and outcomes
9 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held that the claimant was unfairly dismissed and that the ordinary unfair dismissal claim succeeded. | Upheld | — | — |
| Whistleblowing | The claims for automatic unfair dismissal due to whistleblowing and whistleblowing detriment were dismissed. | Dismissed | — | — |
| Disability discrimination | Direct disability discrimination was dismissed, including the distinct sick pay direct discrimination complaint described in the additional claims section. | Dismissed | Disability | — |
| Disability discrimination | Some failure to make reasonable adjustments complaints succeeded: dealing with suspensions too slowly and failing to give the outcome in reasonable time, not allowing a companion at mediation meetings on 3 and 4 March 2021, and not allowing a companion at the head office meeting on 26 April 2021. Other reasonable adjustments complaints were dismissed. | Upheld | Disability | — |
| Harassment | Harassment related to disability was dismissed. | Dismissed | Disability | — |
Legal tests applied
9 references- section 47B Employment Rights Act 1996
- s.94 Employment Rights Act 1996
- s.13 Equality Act 2010
- sections 20-21 Equality Act 2010
- section 26 Equality Act 2010
- section 27 Equality Act 2010
- Working Time Regulations 1998
- Polkey
- contributory fault
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.
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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