In person For the v Respondent — 2020

The claimant resigned on 23 October 2017 after disputes about Ms Moore's increasing role and the respondent's recruitment and governance processes. The tribunal rejected constructive unfair dismissal: it found that the most recent pre-resignation incident relied on, Ms Moore's 17 October 2017 email after the patient information evening, was not a repudiatory breach, and that the earlier complaints about Ms Moore's involvement, website changes, IUI discussions, fee review and leave queries were professional disagreements or matters with reasonable and proper cause.

On whistleblowing, the tribunal held that the only protected disclosure was the 23 October 2017 meeting with Mr Dibden, where the claimant said the recruitment of clinicians and new services was not being carried out in line with the CQC/Health and Social Care Regulations and that patient safety might be compromised. Earlier communications in September and early October 2017 were treated as context, not qualifying disclosures. The claimant's automatic unfair dismissal complaint was withdrawn at the hearing and dismissed.

The tribunal upheld two section 47B detriments: Mr Dibden's conduct at the 10 November 2017 staff meeting, where he referred to the clinic being worse than he thought, a lack of procedures and processes, and incompetent management in terms the tribunal found were directed at the claimant; and the 21 December 2017 letter saying it was not professional or appropriate for her to include personal issues in her CQC resignation letter. Other alleged detriments were rejected, including the two-month notice letter, exclusion from management discussions, grievance handling, payroll allegations, and the later reference and salary-overpayment matters.

On remedy, the tribunal found an oral agreement on 23 October 2017 that the claimant would have three months' notice. The respondent therefore breached contract by only giving two months and not allowing her to work the remainder of the notice period to 23 January 2018. It awarded £4,484.60 for pay, £64.40 for pension contributions, and £721 for 2.8 days' accrued holiday, plus £4,600 for injury to feelings in the lower Vento band. Because no grievance appeal was offered, the tribunal applied a 10% Acas uplift, taking the total award to £10,857.