Claimant v NHS North Central London Integrated ICB
Outcome
Individual claims
Tribunal found that none of the alleged breaches, individually or cumulatively, constituted a repudiatory breach of the implied term of trust and confidence. The matters complained of (increased workload, manager's tone, failure to respond to correspondence) were below the threshold required to seriously damage trust and confidence, given the context and the generally supportive conduct of managers.
Claimant withdrew all direct disability discrimination claims during the hearing after discussion with the judge about the nature of discrimination claims. The claimant accepted that what she was really complaining about was being treated as a 'normal person' rather than a disabled person, which properly fell under reasonable adjustments not direct discrimination.
Tribunal dismissed all section 15 claims. Most failed because the alleged unfavourable treatment was not made out on the facts, or was not because of something arising in consequence of disability. Respondent only had knowledge of disability from February 2024 in respect of hypertension/pulmonary hypertension, and there was insufficient evidence linking alleged treatment to the 'somethings arising' from disability.
All harassment claims dismissed. Tribunal found that the alleged conduct either did not occur as alleged, or could not reasonably be regarded as having the proscribed effect of violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. The tribunal noted it would 'cheapen the words' of the statute to apply them to the situations complained of. There was no evidence of proscribed purpose.
Facts
The claimant, a pharmacist with nearly 19 years' service, resigned citing increased workload after colleagues left, concerns about a voluntary redundancy decision, and her treatment under an absence management policy following foot surgery and other health conditions. She alleged her line manager Mrs Lever pressured her to return to work, misled her about a formal meeting being informal, and that a senior manager Mrs Singh spoke down to her about her whereabouts. The claimant had disabilities including flat feet (post-surgery), hypertension, pulmonary hypertension, and liver disease.
Decision
The tribunal dismissed all claims. The constructive dismissal claim failed because the alleged breaches, individually and cumulatively, did not destroy or seriously damage trust and confidence. The discrimination claims failed primarily on the facts: most alleged conduct did not occur as claimed, the respondent lacked knowledge of certain disabilities until February 2024, and there was insufficient causal link between alleged treatment and disability. The harassment claims failed because the conduct could not reasonably create the proscribed effect.
Practical note
A long-serving employee's perception that management has treated them unfairly is insufficient to establish constructive dismissal or discrimination; the tribunal will scrutinise the evidence carefully and objectively assess whether conduct breached the implied term or amounted to unlawful discrimination, particularly where the employer has demonstrated generally supportive management.
Legal authorities cited
Statutes
Case details
- Case number
- 2219512/2024
- Decision date
- 2 December 2025
- Hearing type
- full merits
- Hearing days
- 8
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Practice Support Pharmacist / Prescribing Adviser
- Service
- 18 years
Claimant representation
- Represented
- No