M Shoukrey v BMI Healthcare — 2019

The tribunal recorded that, after the earlier liability hearing, the claimant had succeeded in some complaints that the respondent subjected him to detriments arising from protected disclosures. Those detriments included suspension, continuing the suspension, failing to follow the respondent's whistleblowing policy, failing to provide valid reasons, ignoring legitimate concerns, withdrawing practising privileges, and failing adequately to investigate concerns. The claimant had later been restored to practising privileges but resigned them on 7 September 2016.

On remedy, the tribunal rejected the claim for pension loss. It found the claimant's non-participation in the NHS pension scheme was caused by his personal financial circumstances rather than by the respondent, noted that his NHS remuneration had since increased, and accepted the respondent's double-counting point.

The tribunal found the claimant would probably have developed a successful private practice at Winterbourne because of his laparoscopic skills, local NHS and GP connections, and the likely future retirement of Consultant A. It also found he had an obligation to mitigate by developing private work elsewhere, and calculated loss of earnings after allowing for expenses, mitigation, and a reduction for the possibility that he might not work until age 65. The tribunal awarded £880,302 for loss of earnings, £30,000 for injury to feelings, and £10,000 aggravated damages, making a total of £920,302.