Claimant v Oxleas NHS Foundation Trust
Outcome
Individual claims
The tribunal found that the claim of unfair constructive dismissal was not well-founded. The claimant failed to establish that there was a fundamental breach of contract by the respondent that entitled him to resign and treat himself as dismissed.
The claim was withdrawn by the claimant and dismissed upon withdrawal by the tribunal.
The notice pay claim was withdrawn by the claimant and dismissed upon withdrawal by the tribunal.
Facts
Mr Patel brought claims against Oxleas NHS Foundation Trust for unfair constructive dismissal, redundancy payment and notice pay. He represented himself at the hearing while the Trust was represented by counsel. The claimant withdrew his redundancy and notice pay claims during the hearing.
Decision
The tribunal dismissed the constructive dismissal claim, finding it not well-founded. The claimant failed to prove that the employer committed a fundamental breach of contract that entitled him to resign. The redundancy and notice pay claims were dismissed upon withdrawal.
Practical note
A claimant must establish that the employer's conduct amounted to a fundamental breach of contract to succeed in a constructive dismissal claim, and self-represented claimants in NHS trusts face significant evidential burdens against represented respondents.
Case details
- Case number
- 2304152/2024
- Decision date
- 18 March 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No