Mr Nizam Mamode

Case Summary

The claimant, a consultant transplant surgeon, was constructively unfairly dismissed by the respondent NHS trust after a series of breaches of the implied term of mutual trust and confidence.

The tribunal found that the respondent NHS trust breached the implied term of mutual trust and confidence through a series of actions, which constituted constructive unfair dismissal.

• •breach of implied term of mutual trust and confidence
• •unfair dismissal

Judgment approved by the Court Guy’s & St Thomas’ NHS Foundation Trust v Mamode © EAT 2026 Page 1 [2026] EAT 37 Neutral Citation Number: [2026] EAT 37 Case No: EA-2024-000973-RS EMPLOYMENT APPEAL TRIBUNAL Rolls Building Fetter Lane, London, EC4A 1NL Date: 13 January 2026 Before : JUDGE KEITH - - - - - - - - - - - - - - - - - - - - - Between : GUY’S AND ST THOMAS’ NHS FOUNDATION TRUST Appellant - and – MR NIZAM MAMODE Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MR JAMES LADDIE KC (instructed by DAC Beachcroft LLP) for the Appellant MR DARSHAN PATEL (instructed by Thompson Solicitors) for the Respondent Hearing date: 13 January 2026 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment approved by the Court Guy’s & St Thomas’ NHS Foundation Trust v Mamode © EAT 2026 Page 2 [2026] EAT 37 SUMMARY Unfair dismissal While the Employment Judge directed himself correctly on the law concerning constructive unfair dismissal, he failed to apply the law correctly when analysed whether there had been breaches of contract. His reasons were also, in parts, insufficient. Some of his conclusions were also perverse. Judgment approved by the Court Guy’s & St Thomas’ NHS Foundation Trust v Mamode © EAT 2026 Page 3 [2026] EAT 37 JUDGE KEITH: 1. These written reasons reflect the full oral judgment which was handed down at the end of the hearing. I will refer to the parties as they were before the Employment Tribunal, namely the claimant, (Mr Mamode), and the respondent, (Guy’s & St Thomas’ NHS Foundation Trust). Background 2. In a judgment sent to the parties on 19 th June 2024, Employment Judge Murdin (the “EJ”) upheld the claimant’s claim …