Claimant v Barking Havering and Redbridge University Hospitals NHS Trust

Outcome

Facts

The claimant was a midwife employed by an NHS Trust from January 2017 to December 2020. At a liability hearing, the tribunal found the respondent failed to make a reasonable adjustment by not providing support at an informal meeting on 1 October 2020, and that the claimant was constructively unfairly dismissed. The claimant resigned on 2 October 2020, citing feeling overwhelmed, upset, angry, bullied and not listened to. She was off sick with depression and anxiety from 23 October 2020. She obtained new employment in February 2021 with another NHS Trust but left after only four weeks in April 2021. This remedy hearing addressed compensation.

Decision

The tribunal awarded £1,614 basic award for unfair dismissal and £500 for loss of statutory rights. For disability discrimination, the tribunal awarded £10,482 for loss of income from December 2020 to March 2021, and £9,000 injury to feelings at the upper end of the lower Vento band. The tribunal found the claimant's decision to leave her new role at Princess Alexandra Hospital in April 2021 was an intervening event not attributable to the respondent, limiting financial losses to the period up to 29 March 2021. Interest of £3,658.74 was awarded. Total award: £25,254.74.

Practical note

Award breakdown

Vento band: lower

Legal authorities cited