Surrey and Borders Partnership NHS Foundation Trust

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1 of 60 EMPLOYMENT TRIBUNALS Heard at: London South On: 2 nd to 6 th October 2023 Claimant: Ms N Gray Respondent: Surrey & Borders Partnership NHS Foundation Trust Before: Employment Judge Ramsden With members Mr A Fairbank Mr R Singh Representation: Claimant Mr A Johnston Respondent Mr A Ross, Counsel RESERVED JUDGMENT 1. The Claimant’s claims are not well-founded and are dismissed. REASONS Background 2. The Respondent is an NHS trust which provides healthcare service to the population of Surrey and beyond. 3. The Claimant worked for the Respondent for 28 years, ultimately in a senior position within the Violence Reduction (VR) team. The Claimant’s employment as a Senior VR Trainer ended on 18 May 2022. Early conciliation started and ended on 26 May 2022, and the Claimant presented her claim form on 15 August 2022. She has brought various complaints against the Respondent, of: 2 of 60 a) Constructive unfair dismissal; and b) Disability discrimination. 4. The issues to be decided in the substantive hearing to determine the Claimant’s claims were set out in the Case Management Orders of EJ A Frazer on 24 April 2023. 5. The essence of the Claimant’s claims are that the Respondent failed to manage her disability, namely the breast cancer with which she was first diagnosed in 2017. She says that the Respondent failed to heed the recommendations in occupational health (OH) reports, failed to make reasonable adjustments and did not provide redress to her grievance. She resigned, on notice, in circumstances which she says amounted to a fundamental breach of her contract by the Respondent. 6. More specifically, the Claimant alleges: a) Constructive unfair dismissal; b) Direct disability discrimination, under section 13 of the Equality Act 2010 (the 2010 Act); c) Discrimination arising from disability, under section 15 of the 2010 Act; d) Failure to mak…