Claimant v Wirral University Hospitals NHS Foundation Trust
Outcome
Individual claims
The tribunal found that the respondent lawfully terminated the claimant's contract by exercising an express contractual right under clause 10.2 to dismiss without notice during the first month of employment. The claimant's argument that the respondent breached the implied term of trust and confidence was misconceived because the contract had already been lawfully terminated by the express term, meaning no subsisting relationship requiring trust and confidence remained. The tribunal also rejected the claimant's allegation that concerns about clinical practice were fictitious, finding the evidence persuasive that genuine concerns had been raised by multiple colleagues.
Facts
Dr Haque, a locum consultant doctor, was employed by an NHS Trust on a three-month fixed-term contract from 19 August 2024. Within the first month, multiple concerns were raised about his clinical practice by nurses and junior doctors, including failing to act on escalated patient concerns and dismissive behaviour toward staff. On 13 September 2024, the respondent terminated his employment without notice pursuant to clause 10.2 of his contract, which permitted immediate termination during the first month. The claimant alleged the concerns were fictitious and that dismissal breached the implied term of trust and confidence.
Decision
The tribunal dismissed the claim. It held that the respondent lawfully exercised an express contractual right under clause 10.2 to terminate without notice during the first month. The claimant's argument that this breached the implied term of trust and confidence was misconceived because the contract had already been lawfully ended by the express term. The tribunal rejected the allegation that concerns were fabricated, finding documentary evidence from multiple sources credible and persuasive. Once the contract was terminated, no subsisting relationship remained to which the implied term could apply.
Practical note
An express contractual right to terminate without notice in the first month of employment can be exercised without needing to establish cause, and once lawfully exercised, claims for breach of the implied term of trust and confidence cannot succeed as there is no continuing relationship.
Legal authorities cited
Statutes
Case details
- Case number
- 6004811/2025
- Decision date
- 2 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- Locum Consultant Doctor
- Service
- 1 months
Claimant representation
- Represented
- No