Mr J Milner v Nottinghamshire Healthcare NHS Foundation Trust — 2026

Mr Milner resigned from his employment as a Technical Instructor with Nottinghamshire Healthcare NHS Foundation Trust with effect from 29 January 2024. His constructive unfair dismissal case relied cumulatively on gym closures and redeployment, the training session conducted by Ms Fogg on 17 August 2022, the handling of his complaints, the proposed possibility of work at Rotherham, and the support and stress-risk assessment arrangements during his sickness absence. The Tribunal found that the Trust had not breached the implied term of mutual trust and confidence and dismissed the claim.

The Tribunal accepted that staffing shortages led to therapy staff being redeployed in the interests of patient safety and that the Trust had a contractual right to redeploy Mr Milner. It found that the gym was not closed disproportionately, Mr Milner was not singled out, and there was no evidence that he had raised the alleged health and safety concerns. The possibility of redeployment to Rotherham was raised as an option to support a return to work rather than as a proposed relocation.

Regarding the training session, the Tribunal accepted that Ms Fogg made the disputed comments while attempting to use humour in response to a difficult atmosphere and that she subsequently acknowledged misjudging her approach, expressed remorse and undertook reflective work. The Trust investigated promptly and arranged mediation, from which Mr Milner withdrew, before later exploring formal mediation and a facilitated meeting. It was not obliged to treat his complaints as a formal grievance before he submitted one after resigning. The Tribunal found no breach of trust and confidence; alternatively, any breach had been affirmed by delay, Mr Milner did not resign in response to it, and no last straw capable of reviving it was identified.

The Tribunal found that the Trust maintained appropriate contact and support during Mr Milner's sickness absence, obtained Occupational Health advice and held welfare meetings. Although Occupational Health recommended a stress risk assessment, the Trust's normal practice was to conduct one once a return-to-work date was identified. Mr Muldoon later intended to arrange one, but Mr Milner resigned before that occurred. The failure to complete an assessment was not found to breach the implied term.

The remaining harassment allegation related to sex and concerned Ms Fogg's comment about Mr Milner's legs on 17 August 2022. It was a standalone allegation rather than continuing conduct. Mr Milner did not contact ACAS until 16 January 2024, and the Tribunal found no evidence justifying the delay; it declined to extend time on a just and equitable basis and held that it had no jurisdiction to hear the complaint. The direct sex discrimination complaint, three other harassment allegations, whistleblowing detriment and automatically unfair dismissal complaints had been withdrawn during the hearing and were dismissed on withdrawal.