Claimant v NHS Forth Valley
Outcome
Individual claims
The tribunal found that the respondent's investigation into the claimant's allegation of assault was conducted reasonably and in accordance with the relevant NHS Scotland policies. The investigator Ms Sproule genuinely investigated a 'he said/she said' scenario and reasonably concluded there was no corroborating evidence. The respondent did not breach the implied term of trust and confidence, the duty to address grievances, or the duty to provide a suitable working environment. The claimant's resignation was not in response to any breach but was motivated by the impending expiry of half pay and securing higher-paid alternative employment. No repudiatory breach occurred.
Facts
Dr McCulloch, a Consultant Psychiatrist employed by Forth Valley Health Board since 2005, alleged that a colleague Dr Douds had slapped her face during a work interaction on 24 June 2022. She reported this via email on 26 June 2022. The respondent commissioned an investigation under NHS Scotland Workforce Policies. The investigator, Ms Sproule, concluded after interviewing the claimant, Dr Douds, and others, and reviewing evidence, that the allegation could not be corroborated — a 'he said/she said' situation. The claimant was informed of the outcome on 22 December 2022. She remained on sick leave, sought further information and a redacted investigation report, and ultimately resigned on 19 May 2023, citing breach of trust and confidence due to the investigation's handling and delays.
Decision
The tribunal dismissed the constructive unfair dismissal claim. It found the investigation was conducted reasonably and in accordance with policy, that the claimant was provided with sufficient feedback per the Information Sharing Protocol, and that no implied contractual terms were breached. The respondent acted with reasonable and proper cause throughout. The claimant's resignation was not in response to any breach but was motivated by the impending end of half pay and securing higher-paid alternative employment.
Practical note
An employer's investigation into a workplace allegation need not uphold the complainant's account to avoid constructive dismissal; it must be conducted reasonably, fairly, and in accordance with policy, and the employer must not act in a manner calculated or likely to destroy trust and confidence.
Legal authorities cited
Statutes
Case details
- Case number
- 4105355/2023
- Decision date
- 15 May 2024
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Name
- NHS Forth Valley
- Sector
- —
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Consultant Psychiatrist
- Service
- 18 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister