Claimant v County Durham & Darlington NHS Foundation Trust
Outcome
Individual claims
The respondent conceded that the claimant was an employee and that he was unfairly dismissed. The claimant resigned with immediate effect on 22 January 2024 after being informed he could only take shifts via the Dagny mobile application rather than continue to undertake work consistently as he had done since January 2021. The tribunal found this was a constructive unfair dismissal as the removal of the guarantee of regular work constituted a fundamental breach of contract.
Facts
The claimant worked as a doctor for the respondent from January 2021, consistently working Monday to Friday 9am-5pm with additional hours. After raising grievances about not receiving the same benefits as other employees, he took sick leave in October 2023. On returning in January 2024, he was told he could only book ad hoc bank work via an app rather than continue his regular pattern of work. He resigned with immediate effect. The respondent later conceded he was an employee and was unfairly dismissed.
Decision
The tribunal awarded the claimant £85,224.93 comprising basic award, compensatory award (including 52 weeks' loss of earnings, pension loss, holiday pay and expenses, minus mitigation), with grossing up applied. The tribunal rejected the respondent's argument that the claimant failed to mitigate, finding he acted reasonably throughout in claiming JSA, taking agency work away from home, and accepting a radiology training post on reduced income. An ACAS uplift was refused as the Code did not apply.
Practical note
A tribunal will not find failure to mitigate where a claimant takes reasonable steps to secure work, even if this involves accepting a training position in a specialist field at lower pay rather than seeking like-for-like replacement income, particularly where the claimant can demonstrate genuine career development reasons and has made active efforts to find work.
Award breakdown
Award equivalent: 42.6 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 2501333/2024
- Decision date
- 30 September 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Doctor
- Salary band
- £100,000+
- Service
- 3 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister