MR NIZAM MAMODE v Guy’s and St Thomas’ NHS Foundation Trust — 2024

The Tribunal found that the Respondent failed to carry out a full and proper investigation into allegations about the Claimant's behaviour, required him to step down from his Clinical Lead role before the allegations had been investigated or determined, and formally restricted him from paediatric practice without making clear that this was a neutral act or giving an adequate explanation.

The Tribunal did not uphold the allegations that the first written warning was itself improper or that the Respondent unreasonably denied an appeal against the disciplinary outcome. It found, however, that the Claimant was excluded from ECH and paediatric practice for longer than necessary and without adequate explanation following the disciplinary outcome, and that the Respondent failed to provide agreed one-to-one mediation.

The Tribunal also found that the Respondent failed to give the Claimant an opportunity to address additional concerns referred to in its 16 December 2021 letter, and failed to adhere to its grievance procedure. It held that the 16 December 2021 letter was the last straw, that the proven matters individually or cumulatively amounted to a fundamental breach of the implied term of trust and confidence, and that the Claimant resigned in response to those breaches without affirming the contract.

The Respondent's argument that any dismissal was for some other substantial reason, namely irretrievable breakdown in relationships, was rejected. The Tribunal concluded that the Claimant was unfairly constructively dismissed and listed the case for a separate remedy hearing.