Ms J Voralia v Royal Free London NHS Foundation Trust and Mr R Prince: 3303722/2024
JUDGMENT
(1) The breach of contract claim fails and is dismissed. (i) There was no breach of contract. (ii) Further, the termination of the employment contract with effect from 31 January 2024 did not amount to acceptance by the Claimant of a repudiatory breach of contract by the Respondent.(2) The termination of the employment contract with effect from 31 January 2024 did amount to a dismissal as that expression is defined in Part X the Employment Rights Act 1996 ("ERA"). In particular, the definition in section 95(2) ERA is satisfied.(3) The dismissal reason was redundancy.(4) Any complaints seeking contractual or statutory redundancy pay are dismissed on withdrawal. Page 1 of 2 Case No: 3303722/2024(5) The dismissal was not one which was automatically unfair because of section 99 ERA.(6) The complaint of unfair dismissal is not well-founded and is dismissed.(7) The complaint of indirect sex discrimination fails and is dismissed. The Respondent did not have the alleged PCP.(8) All the complaints of pregnancy and maternity discrimination (section 5 of list of issues) fail and are dismissed.(9) All the complaints of direct sex discrimination (section 4 of list of issues) fail and are dismissed.(10) As a result of the above, all the complaints have been dismissed and there is no need for a remedy phase of the hearing. Approved by: