Mr S Nkazi v South London and Maudsley NHS Foundation Trust — 2024

The Claimant, a Band 2 Health Care Assistant employed by the Respondent NHS Foundation Trust since 2000, resigned with immediate effect on 28 April 2021 following a dispute about being required to move from the Bethlem site to the Lambeth site. He brought complaints of failure to make reasonable adjustments (in respect of his admitted disability of prostate cancer) and constructive unfair dismissal. The tribunal heard the matter over three days in July 2024 before Employment Judge Leith sitting with Ms Boyce and Mr Harrington-Roberts.

On the reasonable adjustments claim, the tribunal considered the PCP of requiring a change of work location from Bethlem to Lambeth. On the constructive unfair dismissal claim, the tribunal examined the alleged repudiatory breaches, including the 22 April 2021 meeting and the subsequent telephone call from Mr Opoku on 23 April 2021 in which dismissal was raised. The tribunal accepted as fact that the call took place but considered that reminding the Claimant of the disciplinary policy in the circumstances was not unreasonable. The tribunal also examined the delay in the disciplinary process, observing that the Claimant was absent from work for almost all of the three years between completion of the investigation in May 2018 and his resignation in April 2021.

The tribunal concluded that it could see nothing in the Respondent's treatment of the Claimant, individually or cumulatively, which was capable of breaching the implied duty of mutual trust and confidence. Both complaints accordingly failed and were dismissed. No remedy was awarded as both claims were unsuccessful.