Coldside Medical Practice

Case Summary

The claimant brought claims of constructive unfair dismissal and detriment for making protected disclosures against his former employer, Coldside Medical Practice. The tribunal dismissed both claims, finding that the claimant's reasons for resignation were not supported by the evidence and that he had not made any protected disclosures.

The tribunal found on the evidence that the claimant's reasons for resignation were not supported and that he had not made any protected disclosures, therefore his constructive unfair dismissal and protected disclosure claims failed on their merits.

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• •The claimant points to the following matters as cumulatively amounting to a material breach of his contract of employment: (i) That in recent years, he received little support from the respondent in his professional development or day-to-day activities; (ii) That he was put under significant pressure to handle conflicts amongst the partners of the respondent including a particular issue relating to a retiring partner in November 2023; (iii) That in early June 2024, he was informed by the partners that they had decided to appoint a new member of staff without consultation with him, undermining his role overseeing the HR function of the respondent; (iv) That in the period from 21 May 2024 to 11 June 2024, he was informed that some significant aspects of his role including payroll and bookkeeping were to be outsourced to a third-party supplier; and (v) That on 5 and 11 June 2024, at meetings with the respondent's partners, he was "lambasted", subjected to stern criticism and was disparaged in an aggressive and antagonistic manner.
• •The claimant identified five disclosures which he claims are protected for the purposes of his detriment claim. Four of these are related, concerning the use of loan monies received by the respondent as part of a Scottish government sustainability scheme for GP practices. The final disclosure put forward by the claimant relates to concerns he said he raised about the process used to recruit his successor.

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