McInerney v Nottinghamshire Healthcare NHS Foundation Trust [2024] EAT 158

Appeal against the remedy judgment after a finding that the Claimant had been constructively unfairly dismissed. Appeal dismissed.

The Claimant won her claim of constructive unfair dismissal. She served a final schedule of loss in which the compensation she claimed increased significantly, predominantly because the Claimant contended she had very substantial losses because she had not been able to undertake medico-legal work because of damage to her reputation. Shortly before the hearing the Claimant served a further statement in which she contended that her losses in respect of medico-legal work resulted from a loss of confidence caused by the victimisation. The final schedule put the Claimant’s losses at £2,114,140.90 gross. The ET rejected her claim mainly due to the lack of any significant medical evidence to support the very substantial asserted losses and the Claimant appealed.

The EAT dismissed the appeal. The ET did not err in law in its assessment of the claimant’s loss resulting from an act of victimisation.

https://assets.publishing.service.gov.uk/media/66fa6e5d30536cb927482940/Dr._Bernadette_McInerney_v_Nottinghamshire_Healthcare_NHS_Foundation_Trust__2024__EAT_158.pdf

Published: 28/10/2024 13:27

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