Miss A Hutchinson v F2L Investments Ltd — 2026

Miss Hutchinson was employed by F2L Investments Ltd as a Senior Residential Support Practitioner from 2 May to 12 June 2024. Following an incident involving a young person on 5 June 2024, she was suspended and summarily dismissed on 12 June. The Tribunal found that the respondent knew of her Lupus Nephritis and Arthritis because these conditions were recorded on her application form.

The disability discrimination claim was dismissed. The Tribunal did not accept that the intervention expected from Miss Hutchinson was physical restraint; it found that intervention meant calming or managing the situation. The criticism of her failure to de-escalate or manage the situation was therefore unrelated to physical limitations arising from her disabilities and did not arise in consequence of them.

The breach of contract claim succeeded. The Tribunal found that the 12 June dismissal notice merely listed possible acts of gross misconduct, while the reasons in the 13 June letter did not justify summary dismissal. Miss Hutchinson had taken instructions from Ms Letts during the incident, had reported it orally at a team meeting the following day, and was not shown to have been asked for a written report before 9 June. The Tribunal found that the stated reasons were not made out on the facts and that her conduct did not disregard the essential conditions of service or justify a loss of trust and confidence.

Because Miss Hutchinson remained within her probationary period, her contractual notice entitlement was one week. The Tribunal calculated gross notice pay of £660, comprising 40 hours at £14 per hour and two sleep-in shifts at £50 each. After deducting £132 tax, it awarded £528 net damages for breach of contract; the respondent agreed to bear any national insurance liability.

The unlawful deduction from wages claim was dismissed. The Tribunal found no contractual provision or oral agreement guaranteeing 173 hours of work per month, and no evidence identifying any salary miscalculation or deduction for morning handovers. The separate £150 deduction for damage to a company car had already been repaid.