Ms S Ogunlola v London Ambulance Service NHS Trust — 2023

The tribunal found that NHS Digital required call handlers using NHS Pathways to complete CM1 and CM2 accreditation, including a CM2 assessment, and that the claimant had CM1 but not CM2 when the respondent discovered the issue in 2021. It found that requiring her to undertake CM2 training and assessment was because of that accreditation requirement and not because of race.

The tribunal found that the claimant failed the CM2 assessment and re-sit, that the assessments were double marked, and that the re-sit was also reviewed by NHS Digital. It accepted the respondent's evidence that the model answers came from NHS Digital and that the claimant was marked appropriately. It also found that standing the claimant down from call handler duties while unaccredited was necessary because only accredited call handlers could use the NHS Pathways software.

On dismissal, the tribunal treated the claimant's case as a last-straw constructive dismissal claim based on the CM2 requirement, marking, being stood down, and the invitation to a capability hearing. It found that the respondent had reasonable and proper cause for each matter, that the invitation to a capability hearing was not a repudiatory breach, and that there was no cumulative breach of trust and confidence.

On wages and contract claims, the tribunal found that the claimant had received all accrued untaken holiday pay due as at 1 December 2021. It found that unsocial hours payments were not properly payable because, while stood down, the claimant had to claim them and had not done so. It also found that the claimant's resignation was better read as giving four weeks' notice to leave on 1 December 2021, so the notice pay and related further holiday pay claims failed.