Birmingham and Solihull Mental Health NHS Foundation Trust

Case Summary

A remedy hearing following a finding of unfair dismissal and sex discrimination against an NHS mental health trust. The tribunal ordered reinstatement of a Band 6 Crisis Transformation Nurse to her former role, arrears of pay calculated with specified pay rises and deductions, and an injury to feelings award of £18,000 plus interest. The tribunal also made a recommendation for management training on women's health issues.

The tribunal found the claimant was unfairly dismissed and discriminated against on grounds of sex (relating to gynaecological/menopause issues). Reinstatement was ordered by consent as the appropriate remedy, with arrears of pay to be calculated from the dismissal date with specified pay rise increases and deductions for mitigation, and an injury to feelings award of £18,000 was assessed for the discrimination.

Use these claim-type pages to compare this decision with other published tribunal cases, outcome patterns, and visible award data.

• •unfair dismissal remedy
• •sex discrimination (gynaecological/menopause-related)
• •reinstatement
• •arrears of pay calculation
• •injury to feelings award

Case Number: 1306556.24 EMPLOYMENT TRIBUNALS BETWEEN ClaimantRespondents Ms WhyteBirmingham and Solihull Mental Health NHS Foundation Trust AND JUDGMENT OF THE EMPLOYMENT TRIBUNAL HELD AT Midlands WestON12-13 May 2026 EMPLOYMENT JUDGEHardingMEMBERS Ms Stewart Mrs Hill Representation For the Claimant:In Person For the Respondent:Mr Wright, Counsel JUDGMENT ON A REMEDY HEARING The unanimous judgment of the tribunal is that: 1By consent, the respondent shall treat the claimant in all respects as if she had not been dismissed: it shall reinstate the claimant to her role of Band 6 Crisis Transformation Nurse (working at Recovery House and on the NHS 111 helpline) with all associated rights and privileges (including seniority and pension rights). Case Number: 1306556.24 2The respondent shall pay to the claimant the appropriate sum (if any) in arrears of pay from 12 May 2024 until the date of reinstatement, calculated by reference to the following principles: 2.1 By consent, the calculation shall be carried out using the agreed weekly gross pay figure of £1012.92 and net weekly pay figure of £855.25, representing the level of earnings from the respondent as at May 2024, 2.2 Allowing for the following pay rises: 1 April 2024 @ 5.5%, 1 April 2025 @ 3.6% and 1 April 2026 @ 3.75%. 2.3 Deducting from this sum: 2.3.1 the pay received by the claimant from Midlands Partnership Foundation Trust. 2.3.2 the pay received by the claimant whilst working on the bank for Midlands Partnership Foundation Trust. 2.3.3 the pay received by the claimant whilst working for the respondent on the bank between 13 May 2024 and end April 2025. 3Reinstatement shall take place no later than 12 July 2026. 4The respondent shall pay to the claimant an injury to feelings award in the sum of £18,000, plus interest in the sum of £352.70. 5The tribunal does not make any award for the other sums claimed by the claimant, namely losses arising out of…