Claimant v Cambridge University Hospitals NHS Foundation Trust

Tribunal found no breach of the implied term of mutual trust and confidence. Allegations regarding lack of training, exceeding two-hour specialling limit, and management comments about adjustments did not amount to conduct calculated to or likely to destroy mutual trust and confidence. Where breaches of policy occurred, there was reasonable and proper cause. Claimant resigned before awaiting outcome of further occupational health advice.

Tribunal found a culture (not official policy) of selecting male Healthcare Assistants to special potentially aggressive or violent patients based on stereotypical assumptions about men being larger and stronger. Claims succeeded in relation to 4 of 7 specific incidents (Incidents 1, 3, 5, and 6) where evidence showed male-only allocation. This constituted less favourable treatment because of sex, placing male HCAs at greater risk of assault. Female HCAs in same circumstances would not have been so selected.

Tribunal found that the Respondent did make reasonable adjustments. Claimant was exempted from specialling altogether on multiple occasions following occupational health advice. Arrangements were made to limit bank shifts to Ward N2 where exemption could be maintained. Purple Passport was offered but declined by claimant. While permanent exemption from specialling on N2 was not feasible due to staffing/logistical issues, transfer to another ward without specialling requirements was a reasonable alternative which claimant did not pursue. Claimant resigned before awaiting further occupational health physician advice.