Claimant v NHS North of England Commissioning Support Unit

Outcome

Facts

The claimant was a Band 8a specialist pharmacist working 0.6 FTE for the respondent NHS body. Following a restructure driven by budget cuts, her substantive role was deleted. She was offered a temporary Band 8a role for six months and a permanent Band 7 role (one band lower). She refused both offers: the temporary Band 8a lacked security and would lead to a Band 7 role after six months; the Band 7 was a demotion involving loss of prescribing work, reduced status, potential pension impacts, and significantly increased travel to Northumberland GP practices. She secured alternative employment and left on 26 July 2024. The respondent refused to pay her statutory redundancy payment.

Decision

The tribunal held the claimant was entitled to her statutory redundancy payment of £9,264.08. The offers of alternative employment were made before notice of dismissal and therefore did not satisfy s141 ERA 1996. Even if they had been valid offers, neither was objectively suitable and the claimant's refusal was reasonable. The tribunal declined to apply an ACAS Code reduction as the claimant's failure to grieve was not unreasonable in the circumstances and reduction would not be just and equitable.

Practical note

Award breakdown

Legal authorities cited