Claimant v Norfolk and Suffolk NHS Foundation Trust
Outcome
Individual claims
The tribunal found that the claimant resigned and was not dismissed. As there was no dismissal, there could be no unfair dismissal, and the claim therefore failed.
The tribunal determined there was no failure to pay notice pay when the claimant left employment on 10 November 2023. The respondent had met its contractual obligations regarding notice pay.
The claim for unlawful deduction of wages was not pursued by the claimant at the hearing and was therefore dismissed.
Facts
Mr Paul Granville brought claims against Norfolk and Suffolk NHS Foundation Trust after leaving employment on 10 November 2023. He claimed unfair dismissal, breach of contract relating to notice pay, and unlawful deduction of wages. The case was heard over two days in April 2025, with the claimant appearing in person and the respondent represented by counsel.
Decision
The tribunal dismissed all of the claimant's claims. The tribunal found that the claimant had resigned and was not dismissed, which meant the unfair dismissal claim could not succeed. The tribunal also found there was no failure to pay notice pay, dismissing the breach of contract claim, and the wages claim was not pursued.
Practical note
A resignation is distinct from dismissal: without establishing that a dismissal occurred, claims for unfair dismissal and associated contractual claims will fail at the threshold stage.
Case details
- Case number
- 3303101/2024
- Decision date
- 9 April 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No