Nottinghamshire Healthcare NHS Foundation Trust

Case Summary

The unanimous Judgment of the Tribunal is that the Respondent is ordered to pay the Claimant various sums totaling £55,914.31. This includes £20,000 for injury to feelings, £10,000 in aggravated damages, and compensation for past and future financial losses in the Forensic Gender Clinic role.

The tribunal found the claimant's claims regarding injury to feelings, aggravated damages, and compensation for past and future financial losses in the Forensic Gender Clinic role to be well-founded on their merits, awarding a total of £55,914.31, though rejecting claims for medico-legal fees and tribunal sitting fees as not well-founded.

• •The essential distinction in this remedy hearing, however, is that, even if the Tribunal agrees that awards under those heads of claim are justified, there is still the issue of the basis of calculation and the quantum.

RESERVED CASE NO: 2600311/2020 1 EMPLOYMENT TRIBUNALS Claimant: Ms B McInerney Respondent: Nottinghamshire Healthcare NHS Foundation Trust Heard at: Midlands (East) Region as a Hybrid Hearing Claimant gave evidence by Cloud Video Platform On: 9 November 2022 (in chambers) 14, 15, 16 November 2022 17 November 2022 (in chambers) Before: Employment Judge M Butler Members: Mrs K Srivastava Mr J Purkis Representation Claimant: Mr A Allen, KC and Ms E Grace, Counsel Respondent: Ms B Criddle, KC and Mr J Boyd, Counsel RESERVED JUDGMENT The unanimous Judgment of the Tribunal is that the Respondent is ordered to pay to the Claimant the following sums: 1. £20,000.00 for injury to feelings; 2. £10,000.00 in aggravated damages; 3. Interest on the above awards of £2,470.01; 4. Compensation for past financial losses in the Forensic Gender Clinic role in the sum of £12,245.90 gross including interest; and 5. Compensation for future loss of earnings in the Forensic Gender Clinic in the sum of £11,198.40 gross taking into account the discount for accelerated receipt. The total award is £55,914.31. 6. The claims for compensation in relation to the Claimant’s loss of medico-legal fees and future loss of First-tier Mental Health Tribunal sitting fees are not well founded and no awards are made. RESERVED CASE NO: 2600311/2020 2 RESERVED REASONS Background 1. The Claimant submitted two claims against the Respondent. The first was a claim of constructive unfair dismissal under claim number: 2601862/2019 and this claim for victimisation. She succeeded in both claims and the Remedy Judgment in the first claim has already been given. This Remedy Judgment relates to the second claim of victimisation. 2. The appearances on…