Case 2303384/2020 · Employment Tribunal
Ms E. Nagle v East Kent Hospitals University NHS Foundation Trust — 2022
- Case reference
- 2303384/2020
- Decision date
- 1 February 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge T. R. Smith
- Venue
- London South via CVP
Parties
2 namedClaimant
Ms E. Nagle
Key findings
Tribunal's reasoningMs E. Nagle was employed by East Kent Hospitals University NHS Foundation Trust as a waiting-list coordinator in dermatology. The tribunal found that from 18 March 2020 she was allowed to work from home temporarily during the early COVID-19 period, but that her role depended on paper diaries, referral forms and a laptop, and could not be fully performed remotely. The claimant was 69 at the relevant time, had identified asthma and her age on a risk assessment, and had not produced GP evidence or a shielding letter.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found there was no express dismissal under s.95(1)(a) ERA 1996 and no unfair dismissal. | Dismissed | — | — |
| Constructive dismissal | The tribunal found the claimant's 8 April 2020 letter was capable of amounting to acceptance of any alleged repudiatory breach, but held that no breach of contract, breach of the implied term of trust and confidence, or other fundamental breach by the respondent was established. | Dismissed | — | — |
| Wrongful dismissal | The tribunal held the respondent had not dismissed the claimant and, on its findings, she would have been paid had she attended work; the notice claim therefore failed. | Dismissed | — | — |
Legal tests applied
13 references- s.95 ERA 1996
- s.95(1)(a) ERA 1996
- s.95(1)(c) ERA 1996
- s.98(4) ERA 1996
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Official outcome judgment PDF
Gov.uk primary recordThe 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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