Surrey and Borders Partnership NHS Foundation Trust

Case Summary

Dr Lucy Leonard brought a claim of constructive unfair dismissal against Surrey and Borders Partnership NHS Foundation Trust following disciplinary proceedings relating to an undeclared relationship with a patient/service user. The claimant alleged multiple breaches of the implied term of trust and confidence in how the disciplinary process was conducted. The tribunal dismissed the claim, finding that whilst there were some procedural failings, they did not amount to fundamental breach of contract, and critically, the claimant had already decided to resign before the alleged breaches occurred.

The tribunal found that the claimant was not constructively dismissed because she had decided to resign before the key alleged breaches occurred. The tribunal found that whilst some procedural matters fell short of the disciplinary policy standards (including failure to provide regular updates and delay in sharing digital evidence), these did not individually or cumulatively amount to conduct calculated or likely to destroy or seriously damage the relationship of trust and confidence. On causation, the tribunal found the claimant had determined she would have to resign around 18 October 2023 when the allegations were put to her, well before most of the procedural failings took place.

• •Whether the claimant was constructively dismissed
• •Whether the respondent's conduct amounted to breach of the implied term of trust and confidence
• •Alleged procedural unfairness in disciplinary investigation and hearing
• •Causation - whether alleged breaches caused the claimant to resign

Case No: 6008417/2024 EMPLOYMENT TRIBUNALS Claimant:Dr L Leonard Respondent:Surrey and Borders Partnership NHS Foundation Trust Heard at:London South Employment Tribunal, Croydon (by video) On:24-25 February 2026 Before:Employment Judge Abbott Representation Claimant: Mr D Welch, counsel Respondent: Mr P Smith, counsel RESERVED JUDGMENT The complaint of unfair dismissal is not well-founded and is dismissed. REASONS Introduction 1. This is the judgment of the Tribunal on the claim brought by Dr Lucy Leonard (“the Claimant”) following a final hearing on 24-25 February 2026. Judgment was reserved. 2. This claim was presented on 13 August 2024; early conciliation having taken place between 27 June and 26 July 2024. The sole complaint in the claim is one of constructive unfair dismissal. 3. The claim arises out of disciplinary proceedings brought against the Claimant by her employer, Surrey and Borders Partnership NHS Foundation Trust (“the Respondent”) from September 2023 culminating in her resignation on 10 April 2024 prior to the outcome of those proceedings. In her claim form, the Claimant detailed a series of issues with the way she had been dealt with by the Respondent that she argues, taken individually Case No: 6008417/2024 or cumulatively, amounted to a breach by the Respondent of the implied term of trust and confidence. Those issues are (my numbering added): “(1) Failing to give me the opportunity to respond informally to the allegations made against me. (2) Sending details of these defamatory, vexatious allegations to my regulatory body (HCPC) in October 2023 without any investigation or clarification of key facts having taken place and without me having seen the document sent. (3) Failing to make preliminary enquiries or establish key facts prior to launching the disciplinary process. (4) Recommending in September 2023 and again in October 2023 that I cease all additional (private) work. (5) The investigation officer who interviewed the complainant condu…