Employment Cases Update

Uwalaka v Southern Health Foundation NHS Trust UKEAT/0115/18/DA

Date published: 03/04/2019

Appeal against the ET’s findings that neither the Claimant’s protected disclosure nor any discrimination had played a part in his suspension. Appeal dismissed.

The Claimant worked for the Respondent as an agency worker. Around the time that he made a protected disclosure to the Care Quality Commission, a separate incident of alleged misconduct occurred, and he was suspended. The Claimant contended that he had been subject to detriments arising from his having made a protected disclosure and/or discriminated against on grounds of race. The ET dismissed the claims, and the Claimant appealed; he also complained that, because the investigation into his suspension had still not been completed, nearly three years later, he was unable to work for the Respondent, or for any other employer without disclosing his suspension.

The EAT held that the ET had made the entirely permissible finding, in relation to each of the alleged detriments, that the actions taken were for reasons other than the making of the protected disclosure; and, on the discrimination claim, there was no evidence from which the ET could conclude that discrimination played any part. Nevertheless, the EAT said that it was "appalling" that the investigation into the Claimant's suspension had not been resolved after all this time.

Employment Claims without a Lawyer 2nd edition published March 2018

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