Dr S Gilby v Countess of Chester Hospital NHS Foundation Trust and I Haythornthwaite

Case Number: 2402398/2023 2408654/2023

EMPLOYMENT TRIBUNALS Claimant: Dr Susan Gilby Respondents: (1) Countess of Chester Hospital NHS Foundation Trust (2) Ian Haythornthwaite Heard at: Liverpool (in person) On: 25, 26, 27, 28, 29 November, 2, 3, 4, 5, 6, 9, 10, 11, 12, 13. 16, 17 18, 19 & 20 December 2024 (in chambers). Before: Employment Judge Shotter Ms M Plimley Mr J Murdie

REPRESENTATION: Claimant: Mr O Segal, KC Respondent: Mr S Cheetham, KC

JUDGMENT The unanimous judgment of the Tribunal is that:

1. The claimant’s resignation was a dismissal under section 95(1) of the Employment Rights Act 1996 as amended and her claim for unfair dismissal brought under section 98 well-founded, (2) the dismissal was unfair under section 103A and (3) the claims are adjourned to an in-person remedy hearing before the full panel on the 6 & 7 May 2025 at the Liverpool Employment Tribunal.