Nottinghamshire Healthcare NHS Foundation Trust

Judgment approved by the court for handing down Dr. Bernadette McInerney v Nottinghamshire Healthcare NHS Foundation Trust © EAT 2024 Page 1 [2024] EAT 158 Neutral Citation Number: [2024] EAT 158 Case No: EA-2023-000279-NT EMPLOYMENT APPEAL TRIBUNAL Rolls Building Fetter Lane, London, EC4A 1NL Date: 30 September 2024 Before: HIS HONOUR JUDGE JAMES TAYLER - - - - - - - - - - - - - - - - - - - - - Between: Dr. Bernadette McInerney Appellant - and - Nottinghamshire Healthcare NHS Foundation Trust Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Elizabeth Grace (instructed by Weightmans LLP) for the Appellant Betsan Criddle KC (instructed by Mills & Reeve LLP) for the Respondent Hearing date: 29 August 2024 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment approved by the court for handing down Dr. Bernadette McInerney v Nottinghamshire Healthcare NHS Foundation Trust © EAT 2024 Page 2 [2024] EAT 158 SUMMARY Victimisation The Employment Tribunal did not err in law in its assessment of the claimant’s loss resulting from an act of victimisation. Judgment approved by the court for handing down Dr. Bernadette McInerney v Nottinghamshire Healthcare NHS Foundation Trust © EAT 2024 Page 3 [2024] EAT 158 HIS HONOUR JUDGE JAMES TAYLER Introduction 1. The claimant was employed by the respondent as a Consultant Forensic Psychiatrist at Rampton Hospital from 2003 until her retirement on 1 February 2019. The claimant brought two claims in the Employment Tribunal. In a liability judgment, sent to the parties on 23 June 2021, the Employment Tribunal, Employment Judge M Butler sitting with members, described the complaints for determination: The claim of constructive unfair dismissal arises out of what the Claimant alleges are a number of acts, omissions and decisions by the Respondent’…