Cases2406940/2023

Claimant v Manchester University NHS Foundation Trust

6 June 2025Before Employment Judge ChildeManchester

Outcome

Claimant fails

Individual claims

Wrongful Dismissalfailed

The tribunal found the complaint of wrongful dismissal was not well-founded. The judgment provides no detailed reasons as these were given orally at the hearing and not subsequently requested in writing.

Unfair Dismissalfailed

The tribunal found the complaint of unfair dismissal was not well-founded. The judgment provides no detailed reasons as these were given orally at the hearing and not subsequently requested in writing.

Facts

Ms Mitchell brought claims for wrongful dismissal and unfair dismissal against Manchester University NHS Foundation Trust. The case was heard over five days in June 2025. Ms Mitchell appeared in person, assisted by a friend, while the respondent NHS Trust was represented by counsel. The judgment contains no detailed facts as oral reasons were given at the hearing.

Decision

The tribunal dismissed both claims, finding that neither the wrongful dismissal complaint nor the unfair dismissal complaint were well-founded. Detailed reasons were given orally at the hearing but not requested in writing within the required timeframe.

Practical note

This case demonstrates the importance of a claimant's burden to prove their dismissal was both wrongful and unfair, and that even with a five-day hearing, both claims can fail where the employer successfully defends the fairness and lawfulness of the dismissal.

Case details

Case number
2406940/2023
Decision date
6 June 2025
Hearing type
full merits
Hearing days
5
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No