Case 3303357/2021 · Employment Tribunal
Mr Nikoloz Papashvili v Governing Body of A School & and 3 others — 2023
- Case reference
- 3303357/2021
- Decision date
- 11 April 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge G Tobin Members
- Panel members
- Mr D Sutton, Mr D Walton
Parties
5 namedClaimant
Mr Nikoloz Papashvili
Key findings
Tribunal's reasoningThe tribunal found that the claimant was unfairly dismissed. It accepted that the dismissal related to conduct matters, but found unfairness and decided that both the basic and compensatory awards should be reduced by 70% for contributory or blameworthy conduct.
The tribunal found that the claimant had made two protected disclosures, but rejected the protected disclosure detriment claims and the claim of automatic unfair dismissal for making protected disclosures. The direct disability discrimination, discrimination arising from disability, reasonable adjustment, and victimisation claims also failed.
Seven of the 18 sexual harassment complaints succeeded. The tribunal accepted some evidence about comments concerning the claimant's body and speedos, found the remaining sexual harassment allegations were not proved, and determined that it was just and equitable for the successful complaints to proceed despite time limits.
Claims and outcomes
8 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claimant was found to have been unfairly dismissed under s94 Employment Rights Act 1996, but compensation was to be reduced by 70% for contributory or blameworthy conduct. | Upheld | — | — |
| Whistleblowing | The tribunal found that the claimant made two protected disclosures, but rejected the claim that he was subjected to 11 detriments because of protected disclosures. | Dismissed | — | — |
| Whistleblowing | The tribunal found that the claimant was not automatically unfairly dismissed because he had made a protected disclosure under s103A Employment Rights Act 1996. | Dismissed | — | — |
| Disability discrimination | The claimant's 12 claims of direct disability discrimination under s13 Equality Act 2010 failed. | Dismissed | Disability | — |
| Disability discrimination | The claimant was found not to have been subject to discrimination arising from disability under s15 Equality Act 2010. | Dismissed | Disability | — |
| Disability discrimination | The respondent was found not to have failed in its duty to make reasonable adjustments under ss20 and 21 Equality Act 2010. | Dismissed | Disability |
Legal tests applied
17 references- s94 Employment Rights Act 1996
- s98 Employment Rights Act 1996
- s98(4) Employment Rights Act 1996
- British Home Stores v Burchell
- ACAS Code of Practice
- West Midlands Cooperative Society Limited v Tipton
- range of reasonable responses
- Polkey v A E Dayton Services
- s123(6) Employment Rights Act 1996
- s123(1) Employment Rights Act 1996
- s103A Employment Rights Act 1996
- s13 Equality Act 2010
- s15 Equality Act 2010
- ss20 and 21 Equality Act 2010
- s26 Equality Act 2010
- s27 Equality Act 2010
- s123 Equality Act 2010
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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