2500300/2023Claimant won

Cumbria,Northumberland, Tyne and Wear NHS Foundation Trust

10 July 2024·Employment Tribunal·England & Wales·Employment Judge Loy

Respondent

Cumbria,Northumberland, Tyne and Wear NHS Foundation Trust

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Decision date

10 July 2024

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Loy

Case Summary

The claimant successfully claimed constructive unfair dismissal, unlawful deduction from wages, and breach of contract against Cumbria, Northumberland, Tyne & Wear NHS Foundation Trust. The judgment highlighted issues with the trust's handling of her case, including delays, suspensions without a clear outcome, and failure to address harassment.

Why this outcome?

The tribunal found in the claimant's favour on all claims, determining that the NHS trust's handling of her employment constituted constructive unfair dismissal, unlawfully deducted wages, and breached her contract, citing the trust's delays, unexplained suspensions, and failure to address harassment.

Claim Types

Constructive Unfair DismissalUnlawful Deduction From WagesBreach Of ContractConstructive Dismissal

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Key Issues

  • The respondent's delay in dealing with the claimant's case from 30 April 2020 to 11 November 2022
  • The respondent's suspension of the claimant from 30 April 2020 to 11 November 2022
  • The respondent's failure to provide a disciplinary outcome letter following the disciplinary hearing on 21 July 2021
  • The respondent's failure to address ongoing gossip about an alleged relationship between the claimant and patient X
  • The respondent's failure to investigate threatening phone calls reported by the claimant

Original published judgment

The full source document is available from the official publication page.

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