Case 1405172/2018 · Employment Tribunal
Mr Y Ali v South Western Ambulance Service NHS Foundation Trust — 2020
- Case reference
- 1405172/2018
- Decision date
- 7 January 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Matthews Representation
- Venue
- Exeter
Parties
2 namedClaimant
Mr Y Ali
Key findings
Tribunal's reasoningMr Ali alleged that the Trust's conduct, principally through Mr Hough, amounted to a fundamental breach of the implied term of trust and confidence. The Tribunal recorded that there was no Equality Act discrimination claim to decide. Although the parties had agreed compensation of £19,242.30 if the claim succeeded, the claim was dismissed and no award was made.
The Tribunal found that Mr Ali resigned because he had been unsuccessful in his application for the Head of Procurement and Commercial Management role. It found that the decision to resign was probably made on 8 August 2018, or no later than 29 August 2018, and that later events, including the disputed 6 September 2018 telephone call, were not causative of the resignation.
The Tribunal considered the matters said to have caused or been connected with the resignation, including the interview panel, the failure to slot Mr Ali into the new post without interview, alleged effects on DHSC working relationships, uncertainty about his role, and the way the interview outcome and leave request were handled. It found no single act or accumulation of acts amounting to a fundamental breach of the implied term of trust and confidence. The claim therefore failed.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The claim was that Mr Ali was unfairly constructively dismissed. The Tribunal found no fundamental breach of the implied term of trust and confidence and dismissed the claim. | Dismissed | — | — |
Legal tests applied
7 references- s.94 Employment Rights Act 1996
- s.95(1)(c) Employment Rights Act 1996
- implied term of trust and confidence
- Western Excavating (ECC) Ltd v Sharp
- Malik v BCCI
- Bournemouth University Higher Education Corporation v Buckland
- Kaur v Leeds Teaching Hospitals NHS Trust
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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