Mr D Browne v Tameside and Glossop Integrated Care NHS Foundation Trust: 2404690/2022

EMPLOYMENT TRIBUNALS
Case No 2404690/2022
Mr D BrowneClaimantTameside and Glossop Integrated Care NHS Foundation TrustRespondent
Employment Judge HowardIn person for claimantMr P Loftus (instructed by solicitor) for respondentMr J Searle (instructed by counsel) for respondentDate 6 May 2025

JUDGMENT

The following allegations are struck out on the grounds that they have no reasonable prospect of success: The claimant’s allegations that his disclosures, laid out in the amended particulars of claim as PIDs 1,5,6,8,10,11,12,13,14,15, qualify for protection pursuant to S43(1)(b) ERA 1996 (failure to comply with any legal obligation). Employment Judge Howard Date: 1 November 2023 JUDGMENT SENT TO THE PARTIES ON 6 November 2023 FOR THE TRIBUNAL OFFICE Case Number: 2404690/2022 1 EMPLOYMENT TRIBUNALS Claimant: Mr D Browne Respondent: Tameside and Glossop Integrated Care NHS Foundation Trust Heard at: Manchester On: 28 April to 2 May 2025 Before: Employment Judge Cookson Ms Buxton Ms Berkeley-Hill REPRESENTATION: Claimant: Mr B Dawes (with Mr D Dawes) trade union representative Respondent: Mr J Searle (counsel) JUDGMENT[1]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[2]There is a 100 % chance that the claimant would have been fairly dismissed in any event and it is just and equitable to reduce the compensatory award to nil. By consent it is ordered that the respondent pay to the claimant the sum of £2,136.92 as a basic award.[3]The complaint of direct disability discrimination is not well-founded and is dismissed.[4]The complaint of unfavourable treatment because of something arising in consequence of disability is not well-founded and is dismissed.[5]The complaint of failure to make reasonable adjustments for disability is not well-founded and is dismissed.[6]The complaint of harassment related to disability is dismissed on withdrawal. Approved by: