Ms A Jackson v Manchester University NHS Foundation Trust — 2022

The Tribunal found that a number of concerns and complaints had been raised about the claimant's behaviour on different wards. It accepted that some aspects of the respondent's handling of matters were flawed, including poor communication in the May 2018 investigation, failure to set out allegations clearly, delay in interviewing the claimant, delay in sending notes, and limited proactive support when the claimant reported racist abuse by patients. However, it found that the complaints and management action were not related to race and were not because of race.

The harassment and direct race discrimination complaints were dismissed because the Tribunal found that the relevant conduct was explained by concerns about the claimant's behaviour and by management decisions made in response to those concerns, not by race. The grievance investigation was found to be thorough and conducted in good faith, although some management failings were upheld internally. The victimisation complaint was dismissed because the Tribunal found no evidence that the claimant's grievance influenced the January 2019 complaints, the partial suspension, the investigation, or the later decision that disciplinary action should follow.

On constructive dismissal, the Tribunal applied the implied term of trust and confidence and found that, viewed objectively, the respondent had not acted without reasonable and proper cause in a way likely to destroy or seriously damage trust and confidence. Although the claimant's resignation was understandable from her perspective, the Tribunal held that her resignation could not be construed as a dismissal. All complaints therefore failed and were dismissed.