Mr M Reay v Lothian Health Board

5 EMPLOYMENT TRIBUNALS (SCOTLAND)   Case number: 8001555/2024 Final Hearing held in Edinburgh 10 on 21, 22, 30 and 31 January 2025 Employment Judge A Jones Mr M Reay Claimant 15 Represented by Mr Bathgate, solicitor Lothian Health Board Respondent Represented by 20 Mr Gibson, counsel Instructed by Ms Kerr solicitor, Central Legal Office

25 JUDGMENT The claimant was constructively and unfairly dismissed, and the respondent is ordered to pay to the claimant a basic award of £17,500 and a compensatory award of £500 net. 30

REASONS Introduction

1. The claimant lodged a claim on 26 September 2024 claiming that he had been constructively and unfairly dismissed from his role as Chaplain with the 35 respondent based at the Royal Hospital for Children and Young People in Edinburgh (‘RHCYP’). The hospital is part of the larger campus of medical facilities at Little France in Edinburgh, where the Royal Infirmary of Edinburgh is also based. T...

3. The Tribunal was required to determine the following issues: i. Did the respondent fundamentally breach the claimant’s contract of 20 employment? ii. If so, did the claimant resign in response to any such breach? iii. If so, had the claimant affirmed any breach by reason of the delay in his resignation? iv. If the claimant was constructively dismissed, was that dismissal unfair? 25 v. If the...