Case 3309054/2022 · Employment Tribunal
Mrs Abimbola Adeturinmo v Whittington Health NHS Trust — 2023
- Case reference
- 3309054/2022
- Decision date
- 7 December 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dick
- Venue
- Watford
- Panel members
- Mr M Bhatti OBE, Mr N Boustred
Parties
2 namedClaimant
Mrs Abimbola Adeturinmo
Respondent
Key findings
Tribunal's reasoningThe Tribunal held that Mrs Abimbola Adeturinmo was unfairly dismissed. It found there was a 90% chance that she would have been fairly dismissed after a fair process in any event, and said that a fair process would have taken a further 8 weeks. Remedy was not determined in this judgment and was listed for a hearing on 16 February 2024.
The complaint of wrongful dismissal, framed as failure to pay notice pay, was dismissed. The Tribunal also dismissed the direct disability discrimination complaint. All race discrimination complaints were withdrawn.
The Tribunal upheld one indirect disability discrimination complaint and one complaint of failure to make reasonable adjustments for disability. Both related to proceeding with the capability dismissal process when the claimant could not participate, including declining to extend her notice period until she was able to do so. The remaining indirect disability discrimination complaints and the remaining reasonable adjustments complaints were dismissed.
Claims and outcomes
8 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 found the claimant was unfairly dismissed. It also found there was a 90% chance she would have been fairly dismissed after a fair process in any event, and that a fair process would have taken a further 8 weeks. | Upheld | — | — |
| Wrongful dismissal | The complaint of wrongful dismissal, framed as failure to pay notice pay, was not well founded. | Dismissed | — | — |
| Race discrimination | All race discrimination complaints were dismissed upon withdrawal. | Withdrawn | Race | — |
| Disability discrimination | The direct disability discrimination complaint was not well founded and was dismissed. | Dismissed | Disability | — |
| Disability discrimination | Indirect disability discrimination succeeded on the complaint about proceeding with the capability dismissal process regardless of whether the claimant was able to participate, including declining to extend the claimant's notice period because she had already been processed as a leaver. | Upheld | Disability | — |
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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