Claimant v Chelsea and Westminster Hospital NHS Foundation Trust
Outcome
Individual claims
The tribunal found that the respondent unfairly dismissed the claimant contrary to section 98 of the Employment Rights Act 1996. The dismissal was found to be procedurally or substantively unfair based on the tribunal's assessment of the evidence presented over the two-day hearing.
The tribunal ordered the respondent to pay the claimant a statutory redundancy payment under section 135 of the Employment Rights Act 1996. The claimant was entitled to this payment as her dismissal was by reason of redundancy.
Facts
Miss Nyathi was employed by Chelsea and Westminster Hospital NHS Foundation Trust. Her role was made redundant and the respondent dismissed her. During the redundancy process, the respondent offered the claimant alternative employment which she refused. The case was heard over two days by video hearing in October 2025.
Decision
The tribunal found that the respondent unfairly dismissed the claimant under section 98 ERA 1996. The tribunal also determined that the claimant did not unreasonably refuse the offer of alternative employment and ordered the respondent to pay statutory redundancy pay. This is a liability judgment with remedy to be determined separately.
Practical note
An NHS Trust's failure to follow fair redundancy procedures led to a finding of unfair dismissal, and the claimant's refusal of alternative employment was found to be reasonable, preserving her entitlement to statutory redundancy pay.
Legal authorities cited
Statutes
Case details
- Case number
- 2225535/2024
- Decision date
- 3 October 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister