NHS business coordinator dismissed after refusing restructured role: 'some other substantial reason' upheld
A tribunal rejected claims of unfair dismissal and race discrimination by a Business Coordinator who refused a restructured role and went on sick leave. The dismissal for 'some other substantial reason' was fair.
1 min read · Last updated 18 May 2026
Case details
- #some-other-substantial-reason
- #fixed-term-contract
- #matrix-working
- #race-discrimination
- #training-request
- #grievance
Key facts
- The claimant was employed as a Business Coordinator on a fixed-term contract hosted by the respondent for the Cancer Alliance.
- The Cancer Alliance restructured, splitting into North and South, and the claimant was offered the same role in the South region.
- The claimant refused the role, sought an exit package, and went on sick leave, not returning to work.
- The respondent dismissed the claimant for some other substantial reason due to her refusal to engage and accept the role.
- The claimant's race discrimination claims were not upheld; the training email was sent with good intentions and the PRINCE2 training was not essential and not funded.
Timeline
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Employment started
Claimant started as Business Coordinator on a fixed-term contract.
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Training email sent
Dr Harvey forwarded a BAME leadership training email to the claimant, which she found offensive.
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Claimant went on sick leave
Claimant went off sick and never returned to work before dismissal.
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Grievance submitted
Claimant submitted a grievance alleging unfair treatment and race discrimination.
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Meeting with management
Claimant attended a meeting with Jackie Eldridge and Mary Emurla; she refused the offered role and sought an exit package.
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Dismissal letter sent
Respondent sent dismissal letter citing some other substantial reason, with termination effective 10 April 2020.
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Appeal hearing
Claimant attended appeal hearing; dismissal upheld.
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Employment terminated
Claimant's employment ended.
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ACAS early conciliation started
Claimant contacted ACAS and received certificate same day.
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Claim presented to tribunal
Claimant submitted her claim to the employment tribunal.
The legal issue
The tribunal had to decide whether the employee was unfairly dismissed when her fixed-term contract ended after she refused a restructured role, and whether a forwarded training email amounted to race discrimination.
The outcome
The tribunal dismissed all claims. The dismissal for 'some other substantial reason' was fair because the employee refused the offered role and did not engage with the process. The race discrimination claim failed because the training email was sent with good intentions and was not essential. No compensation was awarded.
Lessons & takeaways
- If you refuse a reasonable alternative role and stop engaging with your employer, dismissal may be fair even if you are on sick leave.
- A single email about training opportunities, even if related to a protected characteristic, is unlikely to be race discrimination if sent with good intentions.
- Fixed-term employees should be aware that a restructure can lead to dismissal if they do not accept a suitable alternative role.
When refusing a role leads to dismissal
This case shows the risks of refusing a restructured role and disengaging from your employer. The Business Coordinator, with three years' service, was offered the same role in a different region after a restructure. She refused, sought an exit package, and went on sick leave without returning. The NHS Trust dismissed her for 'some other substantial reason' — a fair reason that covers situations where the employment relationship breaks down.
What the employer did right
The Trust followed a reasonable process: it offered a suitable alternative role, held meetings, and gave the employee time to consider. When she refused and stopped engaging, the Trust had grounds to dismiss. The tribunal noted that the employee's refusal to accept the role and her failure to return to work left the Trust with no other option.
The race discrimination claim
The employee also claimed that a forwarded email about BAME leadership training was discriminatory. The tribunal found that the email was sent with good intentions and was not essential training. This highlights that not every mention of a protected characteristic amounts to discrimination — context and intent matter.
Key takeaway for employees
If you are offered a suitable alternative role during a restructure, refusing it without good reason can lead to a fair dismissal. Engaging with your employer and exploring options is crucial. The case also reinforces that fixed-term employees are not automatically entitled to redundancy pay if they reject a suitable alternative.
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