Nurse's Constructive Dismissal Claim Fails at Employment Appeal Tribunal
A nurse's appeal against constructive dismissal was dismissed by the EAT, upholding the original tribunal's findings.
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Employment Appeal Tribunal Upholds Original Ruling in Constructive Dismissal Case
An Employment Appeal Tribunal (EAT) has dismissed an appeal brought by a former rapid response nurse, Miss M Mettle, against HCRG Care Limited. Miss Mettle had claimed constructive dismissal, alleging a series of events between July and November 2022 had breached the implied duty of trust and confidence owed by her employer.
Key Grounds of Appeal Examined
The appeal was heard by His Honour Judge Shanks, who considered three main grounds. The first ground related to a change in Miss Mettle's work rota, requiring her to work two consecutive weekends instead of her usual alternate weekends. The EAT noted that the express terms of her contract allowed for her rota to be arranged with her manager, and there was no argument presented to the original tribunal that these terms had been altered by implication. This ground of appeal therefore failed.
The second ground concerned Miss Mettle's suspension pending an investigation. The tribunal found that the reasons given for the suspension, related to comments made by Miss Mettle online, were adequate, even if the decision to suspend itself might have been debatable. The EAT agreed that the claimant was made aware of the reasons for losing on this point, rendering the reasons sufficient.
The third ground related to Miss Mettle being asked to return to work at a different location while the investigation continued. Again, the express terms of her contract allowed for changes to her place of work. The EAT found that the original tribunal had provided adequate reasons for concluding there was reasonable and proper cause for this requirement.
No Breach of Contract Found
In summary, the EAT found that in all three grounds of appeal, the original employment tribunal's decision was sound. The tribunal had not failed to consider relevant arguments, and where express contractual terms were present, they were considered to be determinative. The appeal was consequently dismissed.
Read the entire judgment here: Miss M Mettle v HCRG Care Ltd [2025] EAT 204
