Claimant v Great Western Hospitals NHS Foundation Trust
Outcome
Individual claims
The tribunal found that the respondent had committed a fundamental breach of contract that entitled the claimant to resign. The claimant resigned in response to that breach without affirming the contract, satisfying the three-part test for constructive dismissal. The dismissal was also found to be unfair.
Facts
Mr Mark Hemphill was employed by Great Western Hospitals NHS Foundation Trust. He resigned from his position and brought a claim of constructive unfair dismissal. The case was heard over five days in December 2023, with Mr Hemphill representing himself and the Trust represented by Mr D Isaacs.
Decision
The tribunal found in favour of the claimant, concluding that the respondent had committed a fundamental breach of contract which entitled the claimant to resign, and that the dismissal was unfair. A separate remedy hearing was scheduled for May 2024 to determine compensation.
Practical note
An unrepresented NHS employee successfully established constructive unfair dismissal against a publicly-funded healthcare trust after a five-day contested hearing.
Case details
- Case number
- 1402954/2022
- Decision date
- 15 May 2024
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No