T Binesmael v Cardiff and Vale University Local Health Board — 2023

The claimant, an Associate Specialist Cardio-Thoracic surgeon, admitted accessing medical records of his ex-wife, children, friends and himself. The respondent investigated under the Upholding Professional Standards in Wales procedure. The tribunal found that the claimant was disabled by OCD/OCPD from October 2018, and by OCD/OCPD, anxiety and depression from October 2019, but did not find that his accessing of medical records was established as something arising in consequence of disability.

The tribunal found that the respondent had acted with reasonable and proper cause in treating the admitted accessing of medical records as a serious conduct matter and in using the Extended UPSW procedure. It found the respondent had generally supported the claimant, although there had been an earlier delay in referring him to occupational health. The tribunal did not find that delay amounted to a repudiatory breach or that it caused the claimant's resignation.

The tribunal found the claimant had not been dismissed. It held that he initiated and pursued ill health retirement, remained clear that he wished to leave, and resigned for that purpose. His complaints of ordinary unfair dismissal, constructive unfair dismissal, direct disability discrimination, discrimination arising from disability, failure to make reasonable adjustments and harassment related to disability were dismissed.