Consultant cardiologist dismissed for breakdown in relationships: SOSR dismissal upheld as fair
A consultant interventional cardiologist with 15 years' service was fairly dismissed after an irretrievable breakdown in working relationships, the tribunal has ruled. The claim for unfair dismissal was dismissed.
1 min read · Last updated 18 May 2026
Case details
- #breakdown-in-working-relationships
- #consultant-cardiologist
- #long-history-of-complaints
- #trust-and-confidence-investigation
- #non-participation-by-claimant
- #hearing-by-video
Key facts
- The claimant was employed as a consultant interventional cardiologist from 30 March 2005 until dismissal on 14 August 2020.
- There were nine investigations into the claimant's behaviour between 2007 and 2019, including a final written warning in 2016 and a dismissal in 2018 that was overturned on appeal.
- In 2018, four senior cardiology consultants and two nurses expressed serious concerns about the claimant returning to work, leading to a trust and confidence investigation.
- The claimant chose not to participate in the trust and confidence investigation or the dismissal hearing, on advice from her trade union.
- The respondent dismissed the claimant for some other substantial reason (SOSR) due to an irretrievable breakdown in working relationships.
- The Employment Tribunal found the dismissal was both procedurally and substantively fair.
Timeline
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Employment started
Claimant began work as a consultant interventional cardiologist at Glenfield Hospital, Leicester.
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Final written warning and behavioural agreement
Following a disciplinary hearing, the claimant received a two-year final written warning and signed a Behavioural Impact and Action Agreement.
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Incident with Dr Taher
A cardiology registrar complained that the claimant shouted and behaved aggressively towards him.
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First dismissal
The claimant was dismissed for gross misconduct following the Taher incident and HEE restrictions on working with trainees.
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Appeal upheld
An appeal panel overturned the dismissal and recommended reinstatement with conditions.
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Trust and confidence investigation started
Medical Director Andrew Furlong informed the claimant of a trust and confidence investigation into working relationships.
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Investigation report completed
Joanne Tyler-Fantom produced a detailed report concluding that relationships had broken down and reintegration was unlikely.
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Dismissal hearing
A panel heard the case in the claimant's absence; she did not attend on trade union advice.
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Dismissal confirmed
The panel issued a letter dismissing the claimant for SOSR with three months' notice.
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Appeal hearing
An appeal panel heard the case over two days; the majority upheld the dismissal.
The legal issue
The tribunal had to decide whether the dismissal for 'some other substantial reason' (SOSR) was fair, both substantively and procedurally, given the long history of complaints and the claimant's refusal to engage in the process.
The outcome
The tribunal dismissed the claim for unfair dismissal. It held that the respondent had a genuine and substantial reason for dismissal—an irretrievable breakdown in working relationships—and that the procedure, including the trust and confidence investigation and dismissal hearing, was fair in all the circumstances.
No compensation was awarded as the claim failed.
Lessons & takeaways
- A breakdown in working relationships can be a fair reason for dismissal, even if the employee is not at fault, provided the employer has a genuine belief and carries out a proper investigation.
- Non-participation in an investigation or hearing on trade union advice does not automatically make a dismissal unfair; the employer must still act reasonably with the information available.
- A long history of complaints and previous disciplinary action can support a finding that relationships have irretrievably broken down, justifying dismissal for SOSR.
- Employers should consider alternatives to dismissal, such as redeployment, but if none are available, dismissal may be within the range of reasonable responses.
When relationships break down beyond repair
This case shows that an employer can fairly dismiss an employee for 'some other substantial reason' when working relationships have irretrievably broken down, even if the employee has a long service record. The consultant cardiologist had been employed for 15 years but was dismissed after a series of complaints and investigations dating back to 2007. The trust concluded that the relationships with colleagues had deteriorated to the point where she could not return to work.
What the employer did right
The trust appointed an independent investigator to look into the working relationships, producing a detailed report. The claimant was invited to participate but chose not to, on her trade union's advice. The dismissal panel considered the report and other evidence, and the appeal panel upheld the decision. The tribunal found that the employer had a genuine belief in the breakdown and that the procedure was fair, given the circumstances.
What the claimant could have done differently
The claimant's decision not to engage with the investigation or the dismissal hearing, based on trade union advice, was a significant factor. While she had the right to remain silent, the employer was entitled to proceed on the evidence available. If she had participated, she might have been able to challenge the findings or propose alternatives, such as redeployment to a different role or location.
Why this matters
This case highlights that a breakdown in trust and confidence can be a fair reason for dismissal, even where the employee is not accused of misconduct. Employers must still follow a fair process, but they are not required to prove fault. For employees, it is a reminder that refusing to engage with an investigation can weaken their position, even if they believe the process is unfair.