Miss J Henry v Great Ormond Street Hospital for Children NHS Foundation Trust — 2022

Miss Henry worked for Great Ormond Street Hospital for Children NHS Foundation Trust as a Hospitality Assistant from 15 October 2018 until her resignation, which took effect on 24 April 2022. The Tribunal accepted that her disability, anxiety and depression, was conceded. The disability claim concerned the Respondent's requirement that she return to work in the Hospitality Team; the Tribunal found that this was the relevant PCP and that the Respondent knew, or could reasonably have been expected to know, that the PCP was likely to place her at a substantial disadvantage, particularly after her email of 28 February 2022 and her GP's letter.

The Tribunal found that requiring Miss Henry to return to the Hospitality Team created a significant risk of material harm to her mental health, on the facts of the breakdown in working relationships and the evidence from her and her GP. It rejected the Respondent's reliance on the argument that any disadvantage flowed only from Miss Henry's attitude or failure to engage. It also rejected the proposed adjustment framed as a meeting to discuss measures, holding that the reasonable adjustments jurisdiction is concerned with practical steps, not merely with asking questions or reflecting on the issue.

The Tribunal held that it would have been reasonable to allow Miss Henry to remain for a further limited period in the temporary Outpatients role and/or extend her redeployment period for the same period. It found that granting her early access to Band 3 posts through the redeployment process was a step the Respondent could have taken, but was not one it was reasonable to require in the circumstances. It recorded that no practical or organisational obstacle prevented a short further extension of the temporary arrangement or a short-term alternative placement.

On unfair dismissal, the Tribunal held that the failure to make reasonable adjustments amounted to a repudiatory breach of the implied term of mutual trust and confidence, and could also be viewed as a breach of the duty to provide a safe place and/or system of work. Miss Henry resigned in response to that breach, there was no affirmation or waiver, and the Respondent did not show a potentially fair reason. The Tribunal therefore found constructive dismissal and held the dismissal unfair. Remedy was not determined in this judgment; the Tribunal directed that outstanding remedy issues be dealt with at a further hearing on 25 September 2023 unless the parties settled privately.