Mr I Bidivanu v Sussex Partnership NHS Foundation Trust: 2302487/2022

EMPLOYMENT TRIBUNALS
Case No 2302487/2022
Mr I BidivanuClaimantSussex Partnership NHS Foundation TrustRespondent
Employment Judge MclarenIn person for claimantMr. J Jupp (instructed by Counsel) for respondentDate 28 February 2024

JUDGMENT

The unanimous decision of the employment tribunal is as follows: –[1]The complaint of direct discrimination because of disability is not well founded and is dismissed.[2]The complaint of unfavourable treatment because of something arising in consequence of disability is not well-founded and is dismissed.[3]The complaint of failure to make reasonable adjustments for disability is not well-founded and is dismissed.[4]The complaint of direct discrimination because of race is not well founded and is dismissed.[5]The complaint of indirect discrimination because of age is not well founded and is dismissed.[6]The complaint of harassment related to race is not well founded and does not succeed. ________________________ Employment Judge Mclaren Date: 28 February 2024 Case No: 2302487/2022 10.5 judgment with reasons – Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision.

REASONS

There is no reasonable prospect of the original decision being varied or revoked, because the claimant has not produced any new evidence or information that is relevant to the tribunal decision. In particular:[1]The claimant relies on what he says is a history of alarm bells relating to individuals such as David Fuller and Lucy Letby and these have no relevance to his claim for discrimination.[2]The claimant is seeking to re-litigate the matter rather than rely on new issues for example he states that there is proof of harassment discrimination, but the employment tribunal reach an alternative view in its findings of fact.[3]The claimant seeks to rely on what he says is the respondent’s conduct ignoring rules and regulations and refers to his stress and diabetes. The tribunal found no evidence of the respondent ignoring rules and regulations it is unclear in any event how this would be relevant to the agreed issues. F Mclaren