Mr Dodou Alieu Bandara Ndow v Augusta Care Ltd — 2024

The claimant worked as a support worker for Augusta Care Ltd from August 2019 until his employment ended on 31 August 2021 after he gave notice. The tribunal found the claims were in time because the relevant conduct was continuing up to the end of employment. It also found there was no agreement at interview for a fixed workplace with service user TR, and that the claimant’s rota pattern, including hours above 48 per week, reflected the contract and the opt-out agreement he signed.

On constructive dismissal, the tribunal accepted that 40 hours of 2019 holiday were not paid when the claimant was told he could not take the leave because of business needs, and that the respondent did not directly support him when he raised concerns about working with ST. It held those matters breached the implied term of trust and confidence, but the claimant affirmed the contract by continuing to work and pursue shifts for a long period after the events. The tribunal did not accept that the refusal of unpaid leave in July 2021 breached trust and confidence, because the claimant did not satisfy the dependency policy on the information then available to the respondent. The notice pay claim also failed because he resigned without notice and was not constructively dismissed.

On race discrimination, the tribunal rejected the allegations that the claimant was transferred from Oswald Road, allocated excessive shifts, refused holiday, or left without work after resigning, and it found the claimant was not required to isolate longer than necessary because he himself told the respondent he was quarantining for 10 days. It held that the 4-day delay in allocating work after his return from Gambia was due to poor management, not race, and that the other adverse treatment relied on was explained by policy, discretion, or the claimant’s own communications. The victimisation claim failed because, although some emails were protected acts, the tribunal found no detriment was caused by them. The disability discrimination complaint was withdrawn before the hearing. The only monetary award was £328.40 for 40 hours of unpaid 2019 holiday at £8.21 per hour.