Case 3300377/2022 · Employment Tribunal
Ms M Couperthwaite v Hilton Nursing Partners Limited — 2024
- Case reference
- 3300377/2022
- Decision date
- 15 March 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Quill
- Venue
- Watford
- Panel members
- Mr I Murphy, Mr A Scott
Parties
2 namedClaimant
Ms M Couperthwaite
Respondent
Key findings
Tribunal's reasoningThe tribunal found that the Claimant's cancer was a disability, but that her coughing episodes were not a disability within the Equality Act 2010 at any relevant time. It also found that the Claimant was dismissed without notice by the Respondent on 1 November 2021, and that the complaints based on that dismissal were in time.
The dismissal was found not to be a breach of contract, not discrimination arising from disability under section 15 Equality Act 2010, not a failure to comply with the duty to make reasonable adjustments under section 21, and not harassment related to disability under section 26. The tribunal also held that allegations of harassment linked to the Claimant not being placed on Team Leader training in March 2021, and comments allegedly made by Joanna Stevens about that decision, were out of time and that time should not be extended.
The tribunal rejected the direct discrimination allegations based on age or disability concerning the Claimant not being placed on the Team Leader training before termination of employment. It also dismissed the remaining allegations of harassment related to age and disability and the remaining allegations of failure to make reasonable adjustments. In summary, none of the complaints succeeded and the Claimant was not entitled to a remedy.
Claims and outcomes
7 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The tribunal found that the dismissal of 1 November 2021 was not a breach of contract. | Dismissed | — | — |
| Age discrimination | Direct discrimination because of age in relation to the Claimant not being placed on Team Leader training before termination of employment was dismissed. | Dismissed | Age | — |
| Disability discrimination | Direct discrimination because of disability in relation to the Claimant not being placed on Team Leader training before termination of employment was dismissed. | Dismissed | Disability | — |
| Disability discrimination | The claim that the dismissal was discrimination arising from disability under section 15 Equality Act 2010 was dismissed. The tribunal found that the Claimant's cancer was a disability, but her coughing episodes were not a disability at any relevant time. | Dismissed | Disability | — |
| Disability discrimination | The claim of failure to comply with the duty to make reasonable adjustments under section 21 Equality Act 2010 was dismissed. | Dismissed | Disability | — |
| Harassment | Harassment allegations related to the Claimant not being placed on Team Leader training in March 2021, and comments allegedly made by Joanna Stevens about that decision, were found to be out of time and time was not extended; the remaining age-related harassment allegations were dismissed. |
Legal tests applied
3 references- Equality Act 2010 section 15
- Equality Act 2010 section 21
- Equality Act 2010 section 26
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
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