Cases1402099/2021

Claimant v Royal United Hospitals Bath Foundation Trust

30 May 2025Before Regional Employment Judge PiraniBristolin person

Outcome

Claimant fails

Individual claims

Unfair Dismissalfailed

The tribunal concluded the reason for dismissal was the claimant's conduct (gross misconduct involving bullying, coercive, overbearing and intimidating behaviour). The tribunal found the respondent genuinely believed the claimant had committed misconduct, had reasonable grounds for that belief, carried out a reasonable investigation, followed a reasonably fair procedure, and dismissal was within the band of reasonable responses.

Automatic Unfair Dismissalfailed

The tribunal found that the reason for dismissal was not that the claimant made protected disclosures. The reason was the claimant's conduct. The tribunal was not satisfied on the evidence that protected disclosures were the principal reason for dismissal.

Wrongful Dismissalfailed

The tribunal found the respondent proved the claimant was guilty of gross misconduct which entitled it to dismiss without notice. The conduct found amounted to bullying, coercive, overbearing and intimidating behaviour which justified summary dismissal.

Whistleblowingfailed

The tribunal found that the various detriments alleged were not done on the ground that the claimant made protected disclosures. Where detriments were established, the tribunal concluded they were done for operational reasons, to protect staff, or for reasons connected to the claimant's conduct, not because of protected disclosures.

Victimisation(race)failed

The tribunal found that the detriments alleged were not done because the claimant had done a protected act (complaining of race and sex discrimination on 4 November 2020). The tribunal concluded the detriments were done for reasons unconnected to the protected act.

Harassment(race)withdrawn

Withdrawn by claimant during the hearing.

Facts

The claimant was a Consultant in Oral and Maxillofacial Surgery employed by an NHS Foundation Trust from 2015 to October 2023. He raised concerns about a colleague's clinical practice starting in 2017, leading to an investigation. In 2020, a complaint was made against the claimant by a manager alleging bullying behaviour. The claimant was removed as clinical lead. Following multiple staff raising concerns via the Freedom to Speak Up Guardian, the Trust commissioned a cultural review of the department. Allegations against the claimant emerged during this review. The claimant was excluded from practice in March 2021 and subjected to a disciplinary process under the Maintaining High Professional Standards framework. He was dismissed for gross misconduct in October 2023.

Decision

The tribunal dismissed all claims. It found the claimant was dismissed for gross misconduct (bullying and intimidating behaviour), not for making protected disclosures or doing a protected act. The tribunal found the dismissal fair and that the respondent was entitled to dismiss summarily. The various detriments alleged were found not to be because of protected disclosures or the protected act, but were done for operational or conduct-related reasons.

Practical note

A complex NHS whistleblowing case where the tribunal concluded that concerns about a claimant's behaviour towards colleagues, substantiated through multiple independent investigations, can legitimately lead to dismissal even where the claimant has previously raised patient safety concerns.

Legal authorities cited

Statutes

Employment Rights Act 1996 s.43BEquality Act 2010 s.27Employment Rights Act 1996 s.47BEmployment Rights Act 1996 s.48

Case details

Case number
1402099/2021
Decision date
30 May 2025
Hearing type
full merits
Hearing days
12
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
barrister

Employment details

Role
Consultant in Oral and Maxillofacial Surgery
Service
8 years

Claimant representation

Represented
Yes
Rep type
barrister