Case 3313910/2021 · Employment Tribunal

In person For the v Mr F Husein — 2023

Case reference: 3313910/2021
Decision date: 13 September 2023
Jurisdiction: England & Wales
Judge: Employment Judge Tynan Members
Venue: Cambridge
Panel members: Ms L Davie, Mr C Davie

Indexed: 23 May 2026

Parties

2 named

Claimant

In person For the

Respondent

Mr F Husein

Key findings

Tribunal's reasoning

The tribunal at Cambridge, sitting with Employment Judge Tynan and members Ms L Davie and Mr C Davie, upheld Ms Karim's whistleblowing detriment claim under s.47B ERA 1996 against the first respondent in relation to three matters: Mrs Bains' comments to Mr Tapera on 15 March 2021, the requirement to attend a disciplinary investigation meeting on 12 April 2021, and the constructive dismissal issue listed in the judgment.

It also upheld her disability discrimination claim under s.20(3) EqA 2010, together with a harassment finding under s.26 EqA 2010 for Mrs Bains' telephone comments on 11 March 2021 and a victimisation finding under s.27 EqA 2010 in relation to the actions pleaded at paragraph 13.2 of the list of issues. The dispositive paragraph does not repeat the protected characteristic for the s.26 and s.27 findings, but the judgment separately records the disability reasonable-adjustment claim.

The remaining claims were dismissed, including the s.103A ERA 1996 constructive dismissal allegation, direct and indirect discrimination under ss.13 and 19 EqA 2010, harassment by reason of race under s.26 EqA 2010, and the holiday pay claim. The judgment is a liability decision and does not record any monetary award.

Claims and outcomes

9 findings recorded

This 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
Whistleblowing	The s.47B ERA 1996 detriment claim succeeded against the first respondent in relation to three matters: Mrs Bains' comments to Mr Tapera on 15 March 2021, the requirement to attend a disciplinary investigation meeting on 12 April 2021, and the constructive dismissal issue.	Upheld	—	—
Disability discrimination	The judgment allows the claim under s.20(3) Equality Act 2010.	Upheld	Disability	—
Harassment	The dispositive paragraph does not restate the protected characteristic for this s.26 Equality Act 2010 finding; it is treated here as part of the disability strand of the case, which the judgment separately recognises under s.20(3).	Upheld	Disability	—
Victimisation	The dispositive paragraph does not restate the protected characteristic for this s.27 Equality Act 2010 finding; it is treated here as part of the disability strand of the case.	Upheld	Disability	—
Constructive dismissal	The claim that the Claimant was unfairly constructively dismissed in contravention of s.103A ERA 1996 was dismissed as part of the remaining complaints.	Dismissed	—	—

Legal tests applied

8 references

Official outcome judgment PDF

Gov.uk primary record

The 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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