Ms E Muchererah v Rushcliffe Independent Hospitals (Kegworth) Limited — 2023

Ms E Muchererah worked for Rushcliffe Independent Hospitals (Kegworth) Ltd as Clinical Lead at Mill Lodge Hospital from 27 April 2020, subject to a six-month probationary period, and her employment ended on 7 December 2020 after a probationary review. The Tribunal preferred the Respondent's evidence where there was conflict, finding that the Claimant had a difficult relationship with colleagues, had been complained about anonymously, had criticised colleagues and doctors, and had refused a reasonable management instruction. It found the principal reason for dismissal was poor performance, including poor leadership skills and treatment of colleagues, as recorded in the termination letter.

The automatic unfair dismissal case failed because the Tribunal found that the alleged protected disclosures were not reliably proved. The Claimant gave different accounts at the preliminary hearing, in her witness statement and in oral evidence as to whether disclosures about Dr Okoko were made to Dr Singh, the Trust or Ms K Allen, and there was no reliable documentary or witness evidence that the alleged email to Richard Day about a patient restraint and sedation issue existed. The Tribunal therefore found no qualifying disclosure for the purposes of s.103A ERA 1996 and referred to Williams v Michelle Brown.

The Tribunal also rejected the s.100 health and safety dismissal case, finding that the Claimant raised on-call fatigue only once in a supervision meeting on 28 August 2020 and did not pursue the issue, and rejected the s.104 and Working Time Regulations dismissal case because she had not made it reasonably clear that she was asserting a statutory right. The unlawful deduction from wages claim failed because the Tribunal found only one overtime sheet had been submitted and approved and no agreement had been made to pay all additional hours claimed, including the alleged 223 overtime hours. The holiday pay head was withdrawn after payment had been made, and the final order also dismissed the breach of contract claim.