Dr S E Middleton v York Teaching Hospital NHS Foundation Trust — 2021

Dr S E Middleton had been employed by York Teaching Hospital NHS Foundation Trust since 2006 as Psychological Wellbeing Lead in Occupational Health. In October 2018 she raised concerns about the proposed RAFT debriefing project, including concerns about NICE guidance, and the tribunal accepted that her email of 22 October 2018 was a protected disclosure. The tribunal found that the RAFT issue itself did not amount, either alone or with the later grievance handling, to a breach of the implied term of trust and confidence.

The tribunal held that the main repudiatory breach was the creation of an 8c Lead Consultant Psychologist post for Ruth Dixon, which included significant parts of the claimant's existing leadership and strategic role. It found that the respondent failed to consult the claimant about the substantial changes within the team she led, that the grievance and appeal process took too narrow a view of the respective roles, and that the claimant's position was undermined. The tribunal rejected the case that there had been a breach of an express contractual term, but held there was a breach of the implied term of mutual trust and confidence.

The tribunal found that the claimant resigned in response to that breach and did not affirm the contract. It therefore upheld the unfair dismissal claim. The automatic unfair dismissal claim under section 103A ERA 1996 was dismissed because the tribunal found the respondent's principal reason was the redeployment of Ruth Dixon and the associated financial and staffing considerations, not the protected disclosure.