Ms Caroline Chitty v Princess Alexandra NHS Hospital Trust — 2020

Ms Caroline Chitty, a Band 7 Orthoptist with 35 years' service, resigned by letter dated 20 April 2017 and worked an agreed notice period until 1 September 2017. She gave no reason in her resignation letter other than taking early retirement. The tribunal approached the case as a constructive dismissal claim under s.95(1)(c) ERA 1996 and considered whether the Respondent had committed a repudiatory breach of the implied term of mutual trust and confidence.

Most of the pleaded complaints were rejected. The tribunal found that the Trust was operating under significant financial and staffing pressure, but that managers repeatedly tried to address Orthoptics staffing problems through locum cover, extra non-clinical time, grievance meetings, and later approval for an additional permanent Band 7 post. It did not accept allegations that Ms Vidler bullied the claimant, ran unsafe clinics, or imposed unjustified pressure, and it found that the claimant's concerns about staffing, clinic templates, CPD, budget handling and meeting frequency were not made out as breaches of contract.

The tribunal did find one serious breach: the Respondent failed to complete and communicate the outcome of the stage 2 grievance process. It treated that failure as a fundamental breach of contract. However, it held that Ms Chitty did not resign at that point and instead continued working for many months, which amounted to affirmation of the contract. The tribunal also found that the Trust's response to her 30 March 2017 patient-safety email was prompt and appropriate, so the alleged final straw did not arise.

On causation, the tribunal concluded that the effective reason for resignation was Ms Chitty's decision to take early retirement after becoming frustrated with the way the Trust was run and with her strained relationship with Ms Vidler, rather than any repudiatory conduct by the employer. It therefore held that the constructive dismissal claim failed and was dismissed.