Claimant v Norfolk and Suffolk NHS Foundation Trust
Outcome
Individual claims
The tribunal found that both Claimants were not constructively unfairly dismissed. The tribunal's unanimous judgment determined that the threshold test for constructive dismissal was not met and the employer had not breached the implied term of trust and confidence such that the claimants were entitled to resign and treat themselves as dismissed.
The second Claimant Ms Cox's claim under s.15 of the Equality Act 2010 for discrimination arising from disability was found to be not well founded. The tribunal determined that the respondent had not treated Ms Cox unfavourably because of something arising in consequence of her disability, or alternatively that any such treatment was a proportionate means of achieving a legitimate aim.
Facts
Two claimants, Mr Ferdinand Pick and Ms Joanna Cox, brought claims against Norfolk and Suffolk NHS Foundation Trust. Mr Pick brought a claim for constructive unfair dismissal. Ms Cox brought claims for constructive unfair dismissal and discrimination arising from disability under s.15 of the Equality Act 2010. Both claimants represented themselves against an NHS Trust represented by counsel. The hearing lasted five days in person at Norwich.
Decision
The tribunal unanimously rejected both constructive dismissal claims, finding that the employer had not breached the implied term of trust and confidence. Ms Cox's disability discrimination claim under s.15 was also rejected as not well founded. The tribunal ordered each claimant to pay £10,000 towards the respondent's costs, totalling £20,000.
Practical note
Self-represented claimants bringing constructive dismissal and disability discrimination claims against an NHS Trust failed on all claims and faced substantial costs orders of £10,000 each despite being unrepresented.
Legal authorities cited
Statutes
Case details
- Case number
- 3310282/2023
- Decision date
- 12 January 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No