Claimant won Employment Tribunal · 3 May 2022

GP who raised patient safety concerns wins constructive dismissal case

A salaried GP who resigned after her patient safety concerns were ignored and her shifts cancelled has won her constructive unfair dismissal claim. The tribunal awarded £3,150 in basic award.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • Dr Mann was employed as a salaried GP from 1 June 2015 until her resignation on 19 July 2019.
  • She raised concerns about patient safety due to inadequate GP cover and unsafe working practices from June 2019.
  • Her locum sessions were cancelled without explanation on 2 July 2019.
  • Her grievance dated 12 June 2019 was not addressed by the respondents.
  • The tribunal found that the respondents breached the implied term of trust and confidence, leading to constructive dismissal.
  • The dismissal was automatically unfair because the principal reason was the protected disclosures.

Timeline

  1. Employment started

    Dr Mann began employment as a salaried GP at Helios Medical Centre.

  2. Mr Laver's stroke

    Mr Laver suffered a stroke and was signed off work until 31 July 2019.

  3. Ms Friis started as operations manager

    Ms Friis began her role as operations manager at Helios Medical Centre.

  4. Dr Mann cancelled Tuesday sessions

    Dr Mann cancelled her regular Tuesday salaried sessions, offering locum work instead.

  5. First protected disclosure

    Dr Mann sent emails and WhatsApp messages raising concerns about patient safety and inadequate GP cover.

  6. No triage GP; grievance raised

    Dr Mann was the only GP on site with no triage cover. She raised a formal grievance about unsafe working conditions.

  7. Locum sessions cancelled

    Ms Friis cancelled Dr Mann's locum sessions for 9 and 16 July without explanation.

  8. Meeting with Ms Friis

    Dr Mann met Ms Friis, who refused to explain the cancellation and addressed her as 'love'. Dr Mann left in distress.

  9. Resignation

    Dr Mann resigned with immediate effect, citing repudiatory breaches of contract and protected disclosures.

  10. Liability judgment

    The tribunal found that Dr Mann was constructively and automatically unfairly dismissed, and subjected to detriment for protected disclosures.

The outcome

The tribunal upheld the GP's claim of constructive unfair dismissal and automatically unfair dismissal for making protected disclosures. The practice was found to have breached the implied term of trust and confidence by ignoring her grievance, cancelling her locum shifts without reason, and treating her dismissively.

Compensation:

  • Basic award: £3,150
  • No compensatory award was determined at the liability hearing; a remedy hearing was scheduled separately.

Lessons & takeaways

  • If you raise genuine patient safety concerns, you are protected from detriment or dismissal – this is a protected disclosure.
  • A failure to properly handle a grievance about safety can itself be a breach of trust and confidence, entitling you to resign and claim constructive dismissal.
  • Cancelling an employee's shifts without explanation can be a 'last straw' that justifies resignation.
  • Keep a clear record of your concerns and the employer's responses – this is crucial evidence.

When raising safety concerns leads to constructive dismissal

This case shows the risks employers take when they ignore staff concerns about patient safety. Dr Mann, a salaried GP with four years' service, repeatedly raised alarms about inadequate GP cover and unsafe working practices at Helios Medical Centre. Instead of addressing her concerns, the practice cancelled her locum sessions without explanation and failed to respond to her formal grievance.

What the practice could have done differently

The tribunal found that the practice's conduct – particularly the failure to deal with the grievance and the unexplained cancellation of shifts – destroyed the trust and confidence needed for the employment relationship. A simple response to the grievance, or even an explanation for the shift cancellations, might have avoided the breach. The practice also failed to recognise that Dr Mann's concerns were protected disclosures, which made the dismissal automatically unfair.

Why this matters for similar claims

This case reinforces that employees who raise genuine safety concerns are protected from retaliation. The tribunal emphasised that the principal reason for the dismissal was the protected disclosures, not any other factor. For anyone considering a similar claim, the key is to show that the employer's conduct was a fundamental breach of contract – and that the breach caused the resignation. The award of £3,150 basic award reflects the GP's length of service, but the real significance is the finding of automatic unfair dismissal, which removes the cap on compensatory awards.

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