Head of Private Patients dismissed after breakdown in trust: NHS trust's decision upheld
The employment tribunal dismissed claims of unfair dismissal, disability discrimination, and whistleblowing detriment brought by a former head of private patients at Guy's and St Thomas' NHS Foundation Trust, finding the trust acted reasonably in dismissing her due to a breakdown in trust and confidence.
1 min read · Last updated 18 May 2026
Case details
- #head-injury
- #long-term-sickness
- #occupational-health
- #whistleblowing
- #performance-concerns
- #investigation-delay
Key facts
- The claimant suffered a head injury at work on 19 September 2017.
- The claimant was absent from work for 7 months following the accident.
- The respondent received complaints about the claimant's behaviour from colleagues while she was off sick.
- An external investigation was conducted into the complaints, lasting from April to November 2018.
- The claimant was dismissed on 9 December 2019 due to a breakdown in trust and confidence.
- The tribunal found the claimant was not disabled under the Equality Act 2010 at the relevant times.
Timeline
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Employment started
Claimant began work as Head of Private Patients.
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Performance concerns raised
Line manager Victoria Cheston met with claimant about performance and behaviour issues.
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Accident at work
Claimant suffered a head injury due to a defective window mechanism.
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First occupational health review
Dr Hashtroudi reported symptoms consistent with concussion syndrome, expected to resolve.
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Grievance raised
Claimant raised a grievance alleging health and safety failures.
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Suspension
Claimant was suspended pending investigation into complaints about her behaviour.
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Investigation report completed
External investigator Andrew Hodge submitted his final report.
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Meeting about return to work
Claimant was told she could not return to the Commercial Directorate.
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Dismissal
Claimant was dismissed by letter, effective 30 November 2019.
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Appeal hearing
Claimant did not attend; appeal dismissed.
The legal issue
The tribunal had to decide whether the claimant was disabled under the Equality Act 2010, whether she was subjected to discrimination or detriment for making protected disclosures, and whether her dismissal was unfair.
The outcome
The tribunal dismissed all claims. It found that the claimant was not disabled at the relevant times, so the disability discrimination claims failed. The whistleblowing claims also failed because the tribunal found that the claimant's disclosures were not made in good faith and were not the reason for any detriment. The unfair dismissal claim failed because the trust had a substantial reason for dismissal – a breakdown in trust and confidence – and acted reasonably in the circumstances.
No compensation was awarded as the respondent won.
Lessons & takeaways
- A breakdown in trust and confidence can be a fair reason for dismissal, but employers must follow a fair process and consider alternatives.
- Employees who raise grievances or whistleblowing concerns should ensure they are acting in good faith, or their protection may be weakened.
- Disability status requires evidence of a long-term substantial adverse effect; a temporary head injury may not qualify.
- Refusing to engage with your employer's investigation or return-to-work discussions can undermine your own case.
- Representing yourself in a complex tribunal case is risky; legal advice is strongly recommended.
A long-running dispute ends in defeat for the claimant
This case shows how a workplace accident can spiral into a complex employment dispute. The claimant, a senior manager with four years' service, suffered a head injury at work in 2017. While she was off sick, colleagues complained about her behaviour. The trust launched an external investigation, which took months. By the time she was dismissed in December 2019, the relationship had broken down irretrievably.
The tribunal heard that the claimant had raised a grievance about health and safety, which she argued was a protected disclosure. But the tribunal found that her disclosures were not made in good faith – a key requirement for whistleblowing protection. It also found that she was not disabled under the Equality Act, as her symptoms did not meet the legal test of a long-term substantial adverse effect.
What the trust did right
The trust commissioned an independent investigator, gave the claimant opportunities to respond, and considered alternatives to dismissal. The tribunal noted that the claimant refused to attend meetings and did not engage with the process. This made it harder for her to argue that the trust acted unreasonably.
What this means for similar cases
For employees, this case is a reminder that raising a grievance does not automatically protect you from dismissal. The motive matters – if the tribunal finds you acted in bad faith, your whistleblowing claim will fail. For employers, it shows that a thorough investigation and a fair process can defend a dismissal based on breakdown in trust, even when the employee has been off sick.
The case also highlights the importance of disability status. A head injury that resolves within a year may not meet the Equality Act's definition, so employees should seek medical evidence early if they believe they are disabled.
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