Concludes that it is not in the interests of justice for the Tribunal’s Judgment in this case which was promulgated on 14 January 2022 to be reconsidered within the terms of Rule 71 of the Employment Tribunal’s Rules of Procedure 2013 (as
amended) for the reasons set out.

Mr CY Eng V Sheffield Teaching Hospitals NHS Foundation Trust -Reconsideration 1806282.2020 And 1803046.2021
Mr_CY_Eng_v_Sheffield_Teaching_Hospitals_NHS_Foundation_Trust_-Reconsideration_1806282.2020_and_1803046.2021.pdf

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Concludes that it is not in the interests of justice for the Tribunal's Judgment in this case which was promulgated on 14 January 2022 to be reconsidered within the terms of Rule 71 of the Employment Tribunal's Rules of Procedure 2013 (as
amended) for the reasons set out.

Author:	HM Courts & Tribunals Service and Employment Tribunal
Category:	Employment
License:	Freeware
Date:	March 2, 2023

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1. The Claimant commenced his employment with the Respondent in the position of Consultant Otolaryngologist in the Respondent’s ENT Directorate on 16 January 2020. He was granted leave by the Respondent to return to Malaysia on 19 February 2020. He did not return to the UK and resume work with the Respondent until 11 January 2021. He resigned from the Respondent’s employment with notice on 22 February 2021 and his employment ended after expiry of notice on 13 April 2021.
2. The Claimant claims direct race discrimination asserting that he was treated less favourably by reason of his race (Malaysian / Chinese) contrary to s.13 Equality Act 2010 (“EqA”) by the Respondent failing to enter into negotiations or agree to his request to work remotely from Malaysia until his return to the UK; and by the Respondent preparing a roster that provided him with more clinics and less theatre time than two colleagues. The Claimant further claims that he was harassed by reason of his race, contrary to s.26 EqA, by an employee of the Respondent, Ms Tranter, who he alleges, in the period between 24 June and 30 July 2020 pressurized him to take sickness leave .
3. The Claimant claims damages alleging that the Respondent acted in breach of contract by failing to pay him his wages between 1 June 2020 and 10 June 2021. The Claimant also pursues a claim under s.44 Employments Rights Act 1996 (“the Act”) in which he alleges that the
   Respondent subjected him to detriments because he refused to attend his place of work in circumstances of danger which he reasonably believed to be serious and imminent. The detriments are that the Respondent failed to pay him between 1 June 2020 and 10 January 2021; did not award him a Clinical Excellence Award for 2020; and sent him a letter dated
   24 November 2020 which required him to commence his duties in the UK orhave his employment terminated.
4. The Claimant further claims that the Respondent made unlawful deductions of wages contrary to s.23 of the Act by failing to pay him wages due for the period between 15 August and 28 August 2020. He also asserts that the Respondent failed to provide him with written particulars of his employment contrary to s.1 of the Act.
5. The Claimant pursues a claim of unfair constructive dismissal. Firstly, he claims that the Respondent breached its implied duty of trust and confidence towards him by not conducting an appropriate risk assessment before his return to work in January 2020; by failing to give him appropriate guidance at that time; and by failing to provide him, and others, with appropriate PPE safety equipment. Secondly, he relies on the allegations of harassment and breach of his contract of employment set out above. Thirdly, he claims that the Respondent failed to pay him his Clinical Excellence Award for 2020 and for twenty hours work carried out by him on 3 and 4 February 2020. The Claimant also asserts that he was constructively dismissed because of his race.
6. His claims of unpaid holiday pay and unlawful deduction of wages by the Respondent in April and May 2020 have been previously struck out by the Tribunal. During the course of this hearing, the Claimant withdrew his separate claim of unlawful deduction of wages in July and August 2020 which was dismissed by the Tribunal upon that withdrawal.

Mr Eng v Sheffield Teaching Hospitals NHS Foundation Trust: 1806282/2020 and 1803046/2021 - Reasons
Mr_CY_Eng_v_Sheffield_Teaching_Hospitals_NHS_Foundation_Trust_-Reasons_1806282.2020_and_1803046.2021.pdf

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1. The Claimant commenced his employment with the Respondent in the position of Consultant Otolaryngologist in the Respondent's ENT Directorate on 16 January 2020. He was granted leave by the Respondent to return to Malaysia on 19 February 2020. He did not return to the UK and resume work with the Respondent until 11 January 2021. He resigned from the Respondent's employment with notice on 22 February 2021 and his employment ended after expiry of notice on 13 April 2021.


2. The Claimant claims direct race discrimination asserting that he was treated less favourably by reason of his race (Malaysian / Chinese) contrary to s.13 Equality Act 2010 ("EqA") by the Respondent failing to enter into negotiations or agree to his request to work remotely from Malaysia until his return to the UK; and by the Respondent preparing a roster that provided him with more clinics and less theatre time than two colleagues. The Claimant further claims that he was harassed by reason of his race, contrary to s.26 EqA, by an employee of the Respondent, Ms Tranter, who he alleges, in the period between 24 June and 30 July 2020 pressurized him to take sickness leave .


3. The Claimant claims damages alleging that the Respondent acted in breach of contract by failing to pay him his wages between 1 June 2020 and 10 June 2021. The Claimant also pursues a claim under s.44 Employments Rights Act 1996 ("the Act") in which he alleges that the
   Respondent subjected him to detriments because he refused to attend his place of work in circumstances of danger which he reasonably believed to be serious and imminent. The detriments are that the Respondent failed to pay him between 1 June 2020 and 10 January 2021; did not award him a Clinical Excellence Award for 2020; and sent him a letter dated
   24 November 2020 which required him to commence his duties in the UK orhave his employment terminated.


4. The Claimant further claims that the Respondent made unlawful deductions of wages contrary to s.23 of the Act by failing to pay him wages due for the period between 15 August and 28 August 2020. He also asserts that the Respondent failed to provide him with written particulars of his employment contrary to s.1 of the Act.


5. The Claimant pursues a claim of unfair constructive dismissal. Firstly, he claims that the Respondent breached its implied duty of trust and confidence towards him by not conducting an appropriate risk assessment before his return to work in January 2020; by failing to give him appropriate guidance at that time; and by failing to provide him, and others, with appropriate PPE safety equipment. Secondly, he relies on the allegations of harassment and breach of his contract of employment set out above. Thirdly, he claims that the Respondent failed to pay him his Clinical Excellence Award for 2020 and for twenty hours work carried out by him on 3 and 4 February 2020. The Claimant also asserts that he was constructively dismissed because of his race.


6. His claims of unpaid holiday pay and unlawful deduction of wages by the Respondent in April and May 2020 have been previously struck out by the Tribunal. During the course of this hearing, the Claimant withdrew his separate claim of unlawful deduction of wages in July and August 2020 which was dismissed by the Tribunal upon that withdrawal.

Author:	HM Courts & Tribunals Service and Employment Tribunal
Category:	Employment
Date:	March 2, 2023

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1. The Claimant’s claims in case number: 1806282/2020 of :
   1. direct race discrimination contrary to s.13 Equality Act 2010;
   2. harassment relating to race contrary to s.26 Equality Act 2010;and
   3. detrimental treatment contrary to s.44(1)(d) Employment Rights Act 1996 fail and are dismissed.
2. The Claimant’s claim of unlawful deduction of wages in July and August 2020 is dismissed upon withdrawal by the Claimant.
3. The Claimant’s claims in case number: 1803046/2021 of:
   1. breach of contract for failing to pay wages due to him between 1 June 2020 and 10 January 2021 and twenty hours work on 3 and 4 February 2021; and a Clinical Excellence Award; and
4. unfair constructive dismissal contrary to s.101(1)(d) Employment Rights Act 1996 and s.13 Equality Act 2010 fail and are dismissed.
5. The Claimant’s claim that the Respondent failed to provide written particulars of his
   Contract of Employment contrary to s.38 Employment Rights Act 1996 fails and is
   dismissed.

Mr Eng v Sheffield Teaching Hospitals NHS Foundation Trust: 1806282/2020 - Partial Strike Out
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Employment Tribunal decision.

1. The claimant’s claim for unlawful deductions in relation to wages properly payable in relation to April and May 2020 is STRUCK OUT.


2. The claimant’s claim for unpaid holiday pay under the Working Time Regulations 1998 is STRUCK OUT.


3. The remainder of the claimant’s claims are listed for hearing on 31 August and 1 September 2021.

Author:	HM Courts & Tribunals Service and Employment Tribunal
Category:	Employment
Date:	March 2, 2023

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Employment Tribunal decision.

1. The claimant’s claim for unlawful deductions in relation to wages properly payable in relation to April and May 2020 is STRUCK OUT.
2. The claimant’s claim for unpaid holiday pay under the Working Time Regulations 1998 is STRUCK OUT.
3. The remainder of the claimant’s claims are listed for hearing on 31 August and 1 September 2021.

Mr Eng v Sheffield Teaching Hospitals NHS Foundation Trust: 1806282/2020 - Partial Strike Out
Mr_CY_Eng_v_Sheffield_Teaching_Hospitals_NHS_Foundation_trust_1806282.2020_judgment_2.pdf

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Employment Tribunal decision.

1. The claimant’s claim for unlawful deductions in relation to wages properly payable in relation to April and May 2020 is STRUCK OUT.


2. The claimant’s claim for unpaid holiday pay under the Working Time Regulations 1998 is STRUCK OUT.


3. The remainder of the claimant’s claims are listed for hearing on 31 August and 1 September 2021.

Author:	HM Courts & Tribunals Service and Employment Tribunal
Category:	Employment
Date:	March 2, 2023

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