A sample of 100 employment tribunal rulings gathered by XpertHR suggests that, with the exception of unfair dismissal, NHS trusts are most likely to face race and disability discrimination claims.
The sample of employment-related cases against the NHS was gathered for our round-up of five employment tribunal decisions on claims against the NHS [subscription required].
The round-up looks in detail at cases involving: dismissal for a breach of patient confidentiality; a paramedic's refusal to take an emergency call; rest breaks for a diabetic technician; a trust's letters about a doctor's fitness to attend court; and a transferred employee having a longer commute.
The 100 claims against the NHS that we surveyed, which are made up of 158 separate jurisdictional claims, break down as:
- 83 for unfair dismissal;
- 20 for disability discrimination;
- 17 for race discrimination;
- 13 for breach of contract;
- eight for unlawful deductions from wages;
- five for sex discrimination;
- three for whistleblowing detriment;
- three for age discrimination;
- two for equal pay;
- two for non-payment of redundancy pay;
- one for less favourable treatment of fixed-term employees;
- one for failure to provide written statement of terms and conditions of employment.
There were 120 unsuccessful jurisdictional claims and 38 successful claims (although three of those were unfair dismissal claims in which compensation was reduced to zero).
XpertHR's tribunal reporting service provides regular summaries (and, for subscribers, PDF judgments) of interesting tribunal decisions.