Case 2300848/2022 · Employment Tribunal

Mr Murphy v Lewisham & Greenwich NHS Trust — 2024

Case reference: 2300848/2022
Decision date: 20 June 2024
Jurisdiction: England & Wales
Judge: Employment Judge Hart
Panel members: Mr Ghotbi-Ravandi, Mr Hutchings

Indexed: 19 May 2026

Parties

2 named

Claimant

Mr Murphy

Respondent

Lewisham & Greenwich NHS Trust

Key findings

Tribunal's reasoning

The Tribunal unanimously dismissed the claimant's claims for constructive dismissal and wrongful dismissal. It also dismissed the unlawful deduction from wages claim concerning the method of calculating unsocial hours enhancements.

The Tribunal upheld one health and safety detriment claim, finding that the claim succeeded in relation to the respondent's decision to suspend the claimant. The judgment records that the claimant alleged detriment on the grounds that, in circumstances of danger which he reasonably believed to be serious and imminent, he took appropriate steps to protect himself from the danger.

All other health and safety detriment claims were dismissed. Compensation for the successful health and safety detriment claim was not determined in this judgment; a remedy hearing was listed for 14 October 2024.

Claims and outcomes

5 findings recorded

This case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Constructive dismissal	The judgment states that the constructive dismissal claim did not succeed and was dismissed.	Dismissed	—	—
Wrongful dismissal	The judgment states that the wrongful dismissal claim did not succeed and was dismissed.	Dismissed	—	—
Other	Health and safety detriment claim upheld only in relation to the decision to suspend the claimant.	Upheld	—	—
Other	All other claims of being subjected to a detriment for health and safety reasons were dismissed.	Dismissed	—	—
Unlawful deduction from wages	The claim concerned the method of calculating unsocial hours enhancements and was dismissed.	Dismissed	—	—

Official outcome judgment PDF

Gov.uk primary record

The 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

Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.

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