Case 6001957/2023 · Employment Tribunal
Ms A Boyd v Yorkshire Ambulance Service NHS Trust — 2024
- Case reference
- 6001957/2023
- Decision date
- 21 August 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shepherd Members
- Venue
- Leeds
- Panel members
- Mr Eales, Ms Lancaster
Parties
2 namedClaimant
Ms A Boyd
Respondent
Key findings
Tribunal's reasoningThe claimant, a paramedic employed by the respondent, brought complaints of unfair dismissal, disability discrimination and breach of contract. The unfair dismissal complaint was advanced on the basis of constructive dismissal and, alternatively, an alleged dismissal arising from the respondent not allowing her to return to her substantive paramedic role after a secondment.
The Tribunal found that the respondent required the claimant to undertake training before returning to operational paramedic work because it needed to ensure she had the required competence and confidence to work as a fully qualified band 6 paramedic. In relation to the disability discrimination complaints, the Tribunal found that although removal from paramedic work was connected to disability, the later decision about a research secondment was not, and any unfavourable treatment would in any event have been justified by the legitimate aim of patient safety.
For reasonable adjustments, the Tribunal found that the requirement for further training before return to operational paramedic work did not place the claimant at a substantial disadvantage compared with a non-disabled person in the same circumstances. The Tribunal dismissed the claims of unfair dismissal, disability discrimination and breach of contract in their entirety.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claimant alleged constructive dismissal and, in the alternative, dismissal applying Hogg v Dover College principles. The Tribunal found the unfair dismissal claim was not well-founded and dismissed it. | Dismissed | — | — |
| Disability discrimination | The disability discrimination complaints included unfavourable treatment arising from disability and failure to make reasonable adjustments. The Tribunal found the claims were not well-founded and dismissed them. | Dismissed | Disability | — |
| Breach of contract | The breach of contract complaint concerned expenses said to have been incurred due to changing place of work and undergoing training. The Tribunal found the claim was not well-founded and dismissed it. | Dismissed | — | — |
Legal tests applied
6 references- Hogg v Dover College
- implied term of trust and confidence
- legitimate aim
- proportionate means of achieving that aim
- reasonable adjustments
- substantial disadvantage
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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