Claimant v NHS Dorset Integrated Care Board
Outcome
Individual claims
The Respondent did not argue that the dismissal was fair and accepted the claim would succeed. The Respondent advanced no evidence or reason for dismissal. The tribunal found the dismissal was unfair and the complaint well-founded.
Facts
Claimant was a Programme Manager (Band 8a) employed by NHS Dorset ICB from 12 August 2019 until dismissal on 23 November 2023. There was a long history of redeployment and grievance processes. Respondent paid notice (£8,887.41) and redundancy (£16,984). Claimant obtained new employment at Dorset Council on 13 May 2024 at slightly lower pay but left on 30 September 2024 due to treatment by her new manager which 'triggered' memories of respondent's treatment.
Decision
Tribunal found dismissal was unfair (respondent conceded this). Basic award of £3,858 and loss of statutory rights £500 awarded. No further compensatory award made because notice and redundancy payments already exceeded losses to 13 May 2024, and losses after that date were not attributable to respondent as the chain of causation was broken by obtaining new employment. Claimant's departure from Dorset Council was caused by her new manager's conduct, not respondent's actions.
Practical note
Even where unfair dismissal is conceded, a claimant's compensatory award may be limited to basic award and statutory rights if notice and redundancy payments exceed actual losses, and obtaining new employment breaks the chain of causation for subsequent job losses.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6001860/2024
- Decision date
- 28 May 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Programme Manager
- Service
- 4 years
Claimant representation
- Represented
- No