Nurse dismissed during notice period: actual unfair dismissal admitted by NHS trust
A mental health nurse who resigned after her employer failed to support her return to work was actually dismissed during her notice period without a fair reason. The trust admitted unfair dismissal and wrongful dismissal.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal-claim-failed
- #actual-dismissal-admitted
- #breach-of-trust-and-confidence
- #failure-to-support-return-to-work
- #unauthorised-deduction
- #wrongful-dismissal-admitted
Key facts
- The claimant worked as a Band 6 Deputy Team Leader on a forensic mental health ward.
- She injured herself at work in February 2021 and was unable to perform physical restraint (PPI).
- The respondent failed to put a proper support plan in place for her return to work in January 2022.
- The claimant resigned on 4 March 2022, citing a need to focus on physiotherapy.
- The respondent terminated her employment on 25 March 2022, during her notice period, without a fair reason.
- The respondent deducted £490.73 from her wages for two days she had worked.
Timeline
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Started employment as bank staff
Claimant commenced employment as a Band 5 Mental Health Nurse on Hume Ward as a bank staff member.
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Appointed to permanent role
Claimant was employed permanently as a Band 6 Deputy Team Leader/Clinical Charge Nurse on Hume Ward.
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Injury at work
Claimant slipped and fell at work, injuring her knee, ankle, hips, and wrists.
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Occupational Health report
Occupational Health recommended excluding the claimant from restraint activities and referring her to physiotherapy.
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Temporary redeployment to BWV
Claimant was temporarily redeployed to Burntwood Villas (BWV), a rehabilitation unit with low risk of restraint.
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Manager told claimant to look for another job
In a meeting, Mr. Adeniya told the claimant that if she could not do restraint, she should look for a job elsewhere.
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Claimant went on sick leave due to stress
Claimant took sick leave because there was no support plan for her return to Hume Ward.
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Stage 2 sickness meeting
A Stage 2 meeting was held to discuss the claimant's absence and possible redeployment.
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Claimant resigned
Claimant resigned from her substantive role as Deputy Ward Manager, citing a need to focus on treatment and recovery.
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Respondent terminated employment
The respondent processed the claimant as a leaver, ending her substantive employment during her notice period.
The legal issue
The tribunal had to decide whether the claimant was constructively unfairly dismissed due to a breach of trust and confidence, and whether the respondent actually unfairly dismissed her by terminating her employment during her notice period without a fair reason. It also considered whether the respondent made unauthorised deductions from her wages.
The outcome
The tribunal upheld the claim of actual unfair dismissal because the respondent terminated the claimant's employment during her notice period without a fair reason. The respondent admitted this was a breach of contract (wrongful dismissal) and also conceded an unauthorised deduction from wages.
- The constructive unfair dismissal claim failed because the tribunal found no fundamental breach of contract by the respondent.
- The respondent admitted wrongful dismissal and agreed to pay notice pay from 26 March 2022 to 4 May 2022.
- The respondent was ordered to repay £490.73 deducted from wages for two days worked.
Lessons & takeaways
- Employers must have a fair reason and follow a fair process when dismissing an employee, even during a notice period.
- If you resign and give notice, your employer cannot simply terminate your employment early without a proper reason or risk an unfair dismissal claim.
- Deducting wages for days already worked without your consent is likely an unauthorised deduction and can be challenged.
- A constructive dismissal claim requires a fundamental breach of contract by the employer; poor management alone may not be enough.
A nurse's return to work derailed
A Band 6 mental health nurse who injured herself at work in February 2021 found herself in a difficult position when her employer failed to put a proper support plan in place for her return to Hume Ward. After a period of redeployment to a lower-risk unit, she was told by her manager that if she could not perform physical restraint, she should look for another job. She went on sick leave due to stress and eventually resigned in March 2022, citing the need to focus on physiotherapy.
The actual dismissal that changed the case
What turned this from a constructive dismissal claim into a straightforward unfair dismissal was the trust's decision to process the claimant as a leaver on 25 March 2022, during her notice period. The trust admitted this was an actual dismissal without a fair reason. The tribunal therefore found the dismissal unfair. The trust also admitted wrongful dismissal by failing to pay notice pay, and conceded that it had made an unauthorised deduction of £490.73 from her wages for two days she had worked.
Why the constructive claim failed
The claimant also argued that the trust's failures amounted to a fundamental breach of the implied term of trust and confidence, which would have made her resignation a constructive dismissal. However, the tribunal found that while the trust's handling was poor, it did not cross the high threshold needed for a fundamental breach. The constructive claim therefore failed.
What this means for similar cases
This case shows that even when a constructive dismissal claim is unsuccessful, an employer's actions during the notice period can still lead to liability. Employers must remember that dismissing an employee without a fair reason at any point — including during a notice period — is likely to be unfair. For employees, it highlights the importance of checking whether your employer has actually terminated your employment, even if you have resigned.
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