Claimant v Moorfields Eye Hospital NHS Foundation Trust

The tribunal found the respondent had a potentially fair reason (SOSR - restructuring to employ a paediatric rheumatologist to cover general paediatric clinics) but acted unreasonably. There was no meaningful consultation, the claimant's repeated requests for contract extension were ignored for months causing intolerable uncertainty, no genuine attempt to explore alternatives, and the handling by Ms Turner and Mr Harrison fell well short of what a reasonable employer would do. The dismissal was procedurally deficient and substantively unfair.

At common law, a fixed-term contract expires on its stipulated date without requiring notice. The claimant was given written confirmation of the end date in July and August 2023, constituting advance notice. Neither party terminated the contract early by giving notice in writing. The claim of breach of contract failed.

The respondent did provide written reasons for dismissal on 5 March 2024 stating 'this role is no longer required as a result of planned service review and reconfiguration'. While brief, neither counsel found authorities on adequacy. The complaint under this head failed.

The tribunal found the claimant was disabled (severe aortic valve stenosis requiring surgery with ongoing symptoms despite treatment) but the respondent only had constructive knowledge from 29 January 2024 onwards. The failure to respond to contract extension requests and the non-renewal decision were not because of the claimant's sickness absence or phased return. The restructuring plans predated his illness (from May 2023) and the sickness absence was background, not cause. The burden of proof did not shift to the respondent.