Case 4100745/2025 · Employment Tribunal
Mr Chrisantus Kpiinmogle v Bridge of Weir Care Home Limited — 2026
- Case reference
- 4100745/2025
- Decision date
- 23 February 2026
- Jurisdiction
- Scotland
- Judge
- Employment Judge S Cowen
- Venue
- Glasgow
Parties
2 namedClaimant
Mr Chrisantus Kpiinmogle
Respondent
Key findings
Tribunal's reasoningThe claimant was interviewed in July 2024 and offered a registered nurse post at Bridge of Weir Care Home Limited. The tribunal found that he was not given written terms and conditions at the start of employment, that he was on a six-month probationary period, and that he worked under a process in which medication practice and patient safety were closely monitored. The tribunal found that he received limited formal training, but that he passed medication competency assessments and that the respondent recorded a series of conversations and concerns about medication handling, including incidents in November 2024 and January 2025.
On the race discrimination claim, the claimant alleged that documents relied upon for dismissal were fabricated, that his signature had been forged, and that his dismissal was racially motivated. The tribunal found the claimant had no evidence to support those allegations, accepted that the relevant meetings and records did occur, and found that the claimant had not identified any basis from which race could be inferred as the reason for the treatment complained of. It rejected the argument that the dismissal or the record-keeping was because of race and dismissed the discrimination claim.
The tribunal also rejected the claimant's unauthorised deduction claim. It found that the claimant had not produced evidence supporting the asserted unpaid sum of £2,447.50 and accepted the respondent's evidence that he had been paid for the days shown on the handwritten work record. By contrast, the tribunal held that the claimant had not been given a written statement of terms and conditions, and it awarded two weeks' gross pay, calculated as 88 hours at £22.25 per hour, totalling £1,958.
The claimant succeeded on holiday pay and wrongful dismissal. The tribunal found that he had accrued 5.6 days of untaken holiday in 2024, that the January 2025 holiday payment did not cover that accrued entitlement, and awarded £1,370.60. It also found that the contract entitled him to one week's notice, that no notice pay was made, and awarded £979 for wrongful dismissal. The total sum payable was £4,307.60.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | The claimant alleged that documents recording work issues were fabricated, his signature was forged, and his dismissal was an act of race discrimination. The tribunal found no evidence of forgery or fabrication, accepted that the relevant conversations took place, and found no link between the treatment and race. | Dismissed | Race | — |
| Unlawful deduction from wages | The claimant sought £2,447.50 said to relate to 7.5 days' pay and 27.5 hours worked in December 2024. The tribunal found no documentary evidence supporting the claim and concluded that the payslips and handwritten work record did not justify any further wages. | Dismissed | — | — |
| Other | Failure to provide a written statement of terms and conditions. The tribunal found no evidence that a written statement was provided at the start of employment and awarded two weeks' gross wages under s.1 ERA 1996. | Upheld | — | £1,958 |
| Holiday pay | The tribunal found the claimant had accrued 5.6 days' holiday in 2024, had not taken or been paid for that leave, and was therefore owed holiday pay on termination. It accepted the claim in the amount of 61.6 hours at £22.25 per hour. | Upheld | — | £1,371 |
| Wrongful dismissal | The tribunal found the claimant was contractually entitled to one week's notice and had not been paid notice pay on dismissal. It awarded 44 hours at £22.25 per hour. | Upheld | — |
Remedy
Monetary award- Total award
- £4,308
- across all upheld claims
Legal tests applied
11 references- s.13 Equality Act direct discrimination
- Shamoon comparator test
- Anya v University of Oxford less favourable treatment
- Ladele reason why question
- Nagarajan significant influence test
- Madarassy/Igen burden of proof
- s.136 Equality Act burden of proof
- s.1 ERA written statement
- s.13 ERA unauthorised deduction of wages
- s.14(3)(b) Working Time Regulations 1998
- wrongful dismissal / contractual notice
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.
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