Dr A Williams v Lincolnshire Integrated Voluntary Emergency Service: 2601104/2024 and 2600736/2024
JUDGMENT
The unanimous judgment of the Tribunal is as follows: Automatic Unfair Dismissal for making protected disclosure(s) section 103A Employment Rights Act 1996 (ERA)[1]The complaint of automatic unfair dismissal is not well-founded. The claimant was not automatically unfairly dismissed. Automatic Unfair Dismissal Health and Safety Cases sections 100(1)(c) and 100(1)(e) ERA[2]The complaint of automatic unfair dismissal is not well-founded. The claimant was not automatically unfairly dismissed. Unfair Dismissal sections 94/98 ERA[3]The complaint of unfair dismissal is not well-founded. The claimant was not unfairly dismissed. Detriment for making protected disclosure(s) section 47B ERA[4]The following complaints of being subjected to detriment for making a protected disclosure are well-founded and succeed: a. Initiate and conduct disciplinary proceedings against the claimant from 21 August 2023[5]The remaining complaints of being subjected to detriment for making a protected disclosure are not well-founded and are dismissed. Detriment for health and safety section 44(1A)(b) and 44(1)(c) ERA[6]The complaint of being subjected to detriment for making a protected disclosure is not well-founded and is dismissed. Unfavourable treatment because of something arising in consequence of disability – section 15 Equality Act 2010 (EQA)[7]The complaint of unfavourable treatment because of something arising in consequence of disability is not well-founded and is dismissed. Failure to make reasonable adjustments for disability – sections 20/21 EQA[8]The complaint of failure to make reasonable adjustments for disability is not wellfounded and is dismissed. Notice Pay[9]The complaint of breach of contract in relation to notice pay is well-founded andREASONS
[1]The claimant was employed by the respondent as a Community Emergency Medicine Doctor from 1 May 2020 until her dismissal on 22 February 2024. The claimant presented her first claim on 9 January 2024, following a period of ACAS early conciliation from 14 November 2023 until 26 December 2023. She presented a second claim on 21 May 2024 following a further period of ACAS early conciliation lasting between 28 March and 9 May 2024. The proceedings[2]The claimant brought the following complaints under case number 2601104/2024 (previously 6000073/2024) on 9 January 2024:a. Detriments under sections 47B(1) and s44(1A)(b) ERA; andb. Failure to make reasonable adjustments.[3]The Claimant then submitted the following complaints under case number 2600736/2024 on 21 May 2024:a. Further Detriments under sections 47B(1) and s44(1A)(b) ERA;b. Automatic Unfair Dismissal under sections 103A and s100(1)(e) ERA;c. Unfair Dismissal;d. Wrongful Dismissal, Breach of Contract; ande. Discrimination arising from disability.[4]By letter dated 15 July 2024, the Employment Tribunal Ordered the two claims to be considered together.[5]There was a case management preliminary hearing on 15 October 2024. During this hearing,