Claimant v Leeds and York Partnership NHS Foundation Trust

Outcome

Facts

The claimant was a Clinical Lead/Consultant Child and Adolescent Psychotherapist (Band 8b) whose service (NCS) was closed by the respondent NHS Trust in 2023. The respondent offered him an alternative post as Principal Clinical/Counselling Psychologist in an adult Personality Disorder service at the same grade and pay, plus one day per week in a CAMHS inpatient unit to maintain his professional registration. The claimant lacked post-qualification training and direct experience in adult personality disorder—an essential criterion for the role—and would require a development plan estimated to take six months to five years to achieve full competence. He refused the offer citing professional concerns about practising outside his competence, loss of status, and complex dual accountability arrangements.

Decision

The tribunal found the offered post was not objectively suitable alternative employment because the claimant lacked essential qualifications and specialist experience required for the senior leadership role in adult personality disorder services. Even if it were suitable, the claimant had sound and justifiable reasons to refuse: he could not in professional conscience accept a role requiring him to lead others in a field where he lacked competence, and the offer represented a loss of status from established specialist to learner. The tribunal awarded the claimant his statutory redundancy payment of £11,895.50.

Practical note

Award breakdown

Legal authorities cited