(1) Carole Bailey (2) Maxine Campbell v County Durham and Darlington NHS Foundation Trust — 2022

The Tribunal found that the Respondent's theatre managers were entitled to move B6 team leaders between specialties and that the September 2020 proposals were a realignment within the theatre department, not a restructure changing terms, hours or status. It found that the decision to move the Claimants from general surgery was based on the managers' assessment of skills, experience, staffing stability and service need, and was not because of age or part-time status.

The Tribunal rejected the Claimants' accounts of several comments and meetings. It found that references to age profiles, future proofing and skills deficit were made in the context of workforce planning, and that comments at the 10 September 2020 meeting were not detrimental treatment, direct age discrimination, part-time worker less favourable treatment, or age-related harassment. It also found that the grievance investigation and appeal outcomes were reached genuinely and were not acts of victimisation or harassment.

The only successful complaints were victimisation complaints about the failure to address the October 2021 grievances. The Tribunal found that those grievances were not addressed in a timely manner, that the Respondent had not provided a satisfactory explanation for the failure, and that the burden of proof provisions required the complaints to be upheld. Time was extended on just and equitable grounds for both Claimants.

Carole Bailey established that the failure to address her grievances was a repudiatory breach, but the Tribunal found that it did not play any part in her resignation. It found that her resignation was caused by the move from general surgery, the proposed on-the-job risk assessment, and her perception of the 6 January 2022 meeting, so the constructive dismissal complaint failed.