Nurse with 10 years' service wins constructive dismissal after trust failed to explore redeployment
A community staff nurse who resigned after her NHS trust failed to contact her about redeployment during long-term sickness has won her constructive unfair dismissal claim. The tribunal awarded £41,935.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Community Staff Nurse from 21 April 2008 until her resignation on 12 December 2018.
- She was diagnosed with a serious medical condition in May 2016 and was on long-term sickness absence.
- The respondent failed to contact the claimant about redeployment despite her raising it multiple times.
- The respondent scheduled a final capability hearing without an up-to-date occupational health report.
- The claimant resigned citing, among other things, the respondent's failure to address redeployment.
- The tribunal found the respondent breached the implied term of trust and confidence by failing to address redeployment.
Timeline
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Employment started
Claimant began working as a Community Staff Nurse for the respondent.
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Improvement Notice issued
Claimant was issued with an Improvement Notice, which she disputed.
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Sickness absence began
Claimant commenced long-term sickness absence due to a serious medical condition.
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Grievance raised
Claimant raised a formal grievance regarding lack of management support and the improvement notice process.
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Stage 2 grievance hearing
The stage 2 grievance hearing was held; claimant did not attend as it was not at her home.
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Stage 3 grievance hearing
The stage 3 grievance appeal hearing was held in the claimant's absence.
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Sickness advisory meeting
A meeting was held to discuss sickness absence; redeployment was mentioned but not followed up.
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Invitation to final capability hearing
Claimant was invited to a formal sickness hearing to consider termination; no reference to redeployment.
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Letter from Mr Kasanga
Mr Kasanga wrote to claimant refusing a home meeting and referring to 'three men'.
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Resignation
Claimant resigned, citing breaches of confidentiality, failure to hold meetings at home, and lack of redeployment support.
The legal issue
The tribunal had to decide whether the employer's failure to follow its redeployment policy and to obtain an up-to-date occupational health report before a final capability hearing amounted to a fundamental breach of contract, entitling the employee to resign and claim constructive unfair dismissal.
The outcome
The tribunal upheld the claim of constructive unfair dismissal, finding that the trust's conduct in ignoring the nurse's requests for redeployment and proceeding with a capability hearing without current medical evidence destroyed the mutual trust and confidence required in the employment relationship.
Compensation was awarded as follows:
- Basic award: £7,620.00
- Compensatory award: £34,315.18
- Total: £41,935.18
Lessons & takeaways
- Employers must actively follow up on employee requests for redeployment, especially during long-term sickness, or risk a finding of constructive dismissal.
- Scheduling a final capability hearing without an up-to-date occupational health report can be a fundamental breach of contract.
- Long-serving employees are entitled to a fair process; ignoring their concerns about redeployment undermines trust and confidence.
- Documenting all redeployment discussions and decisions is essential to defend against claims of failure to make reasonable adjustments.
A breakdown of trust
This case shows how a failure to engage with an employee's repeated requests for redeployment can unravel the employment relationship. The nurse, who had given ten years of loyal service, was on long-term sick leave with a serious medical condition. She raised redeployment several times, but the trust did not contact her about it. Instead, it invited her to a final capability hearing based on a stale occupational health report, even though an updated report was available.
What the trust could have done differently
The tribunal found that the trust's conduct was not just a procedural slip — it was a fundamental breach of the implied duty of trust and confidence. A simple step, such as arranging a meeting to discuss suitable alternative roles or obtaining a current medical opinion before the hearing, could have avoided the breakdown. The trust's failure to do so, combined with other insensitive actions (such as refusing a home meeting and making inappropriate comments), left the nurse with no choice but to resign.
Why this matters
For employees in similar situations, this case reinforces that constructive dismissal claims can succeed where an employer ignores its own policies and fails to communicate. The award of over £41,000 reflects the financial and emotional impact of such a breach. Employers, particularly in the public sector, should take note: a fair process requires active engagement with employees on long-term sickness, not just ticking boxes.
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