Mr M Reay v , solicitor Lothian Health Board — 2024

Mr M Reay worked as a chaplain at the Royal Hospital for Children and Young People from April 2007 until his resignation took effect in April 2024. The case arose after a 27 June 2023 Telegraph enquiry about Pride-related decorations in the Spiritual Care sanctuary. The tribunal found that the respondent replied to the journalist before properly discussing the matter with the claimant, that no meaningful investigation was carried out into the background to the decorations, and that the claimant was not given a fair opportunity to comment on or help shape the response.

The tribunal held that this handling of the media enquiry breached the implied term of mutual trust and confidence. It accepted the claimant’s evidence that he had autonomy over the sanctuary and had discussed Pride-related decoration in relevant group meetings, and it rejected the suggestion that he was blameworthy for the media coverage. The tribunal also found that the respondent did not take steps to assess or mitigate the impact on the claimant of being identified in national press coverage, including follow-on online commentary and safety concerns.

The tribunal found that the claimant resigned in response to that breach and had not affirmed it by waiting around nine months before resigning. It accepted that he had not returned to work, that there had been no serious discussion about a return, and that he had been focusing on his mental health and safety. It therefore concluded that the claimant had been constructively dismissed and that the dismissal was unfair.

At remedy, the tribunal awarded a basic award of £17,500 based on the claimant’s age, 17 years’ service, and gross weekly pay of £886.54. It rejected an award for loss of earnings because the claimant’s later part-time role meant his full-time equivalent annual pay was higher than his NHS Lothian salary at termination, but it awarded £500 for loss of statutory rights. The total award was £18,000.