NHS Doctor Awarded £85k After Unfair Dismissal Claim

In Mr F Qureshi v County Durham & Darlington NHS Foundation Trust, a doctor has won more than £85,000 after successfully bringing an unfair dismissal claim. The employment tribunal award followed his resignation after returning from sick leave, when he was told he would no longer receive consistent work.

Read on as we examine what happened and set out the tribunal’s decision. We then discuss the steps individuals can take if their rights have been breached and the unfair dismissal compensation they could receive, should their claim be successful.

If you believe you’ve been unfairly dismissed, contact Redmans Solicitors. As employment specialists, we can assess your case, answer your questions and discuss your next steps. Should you have an eligible claim, we can also guide you through each stage of the legal process.

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The Facts in Mr F Qureshi v County Durham & Darlington NHS Foundation Trust

Background to the Unfair Dismissal Claim

Mr F Qureshi (“the Claimant”) commenced employment as a doctor with County Durham & Darlington NHS Foundation Trust (“the Respondent”) on 4 January 2021. Around three years later, and following a period of sickness absence, he was informed on 22 January 2024 that he would be required to book work on an “ad hoc” basis going forward. Having previously enjoyed a stable and consistent working arrangement, the Claimant verbally resigned with immediate effect. He confirmed his resignation in writing the following day, on 23 January.

During the proceedings, the tribunal heard that the Claimant had raised a grievance on 18 May 2023. This arose from his belief that he’d been treated less favourably than his colleagues. The grievance progressed through the Respondent’s internal procedures. However, although the stage two grievance meeting took place on 28 September, the outcome wasn’t communicated to the Claimant until 3 May 2024.

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Following the stage two grievance meeting, the Claimant went on sick leave from 20 October 2023 and didn’t return to work until 22 January 2024. After his resignation, he claimed Jobseeker’s Allowance from 29 January to 20 March.

The Claimant subsequently raised a second grievance, alleging unfair dismissal, although no outcome was ever provided. He later secured a radiology training post at a lower rate of pay, commencing on 2 September. Ultimately, the Claimant brought an unfair dismissal claim before the employment tribunal.

The Employment Tribunal’s Judgment

Initially, the Respondent contested the unfair dismissal claim on the basis that the Claimant wasn’t legally considered an employee. However, after conceding that he was, in fact, an employee and was ultimately unfairly dismissed, the tribunal turned its attention to the Claimant’s mitigation of loss.

The Respondent asserted that the Claimant wanted to pursue a career in radiology, earning significantly less, rather than looking for jobs with comparable salaries. The tribunal, however, disagreed.

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The Claimant obtained Jobseeker’s Allowance immediately after a significant reduction in his income following his resignation. He then found work far away from his friends and family, which was especially difficult because it was during a period when his grandmother was receiving palliative care. When a more suitable role came up, which was in an area of interest to him (radiology), he took it.

The tribunal accepted that the Claimant would have remained in his position if it hadn’t been for the unfair treatment he’d faced. Furthermore, given his circumstances, the tribunal believed it was reasonable for him to accept the radiology position. While he had not previously intended to pursue this route, it was of interest to him and more local. As a result, it was found that the Claimant had mitigated his losses, and an employment tribunal award of £85,224.93 was then provided.

Faced Unfair Dismissal? Here’s What You Can Do

If an employee believes they’ve been unfairly dismissed, swift action is essential. An unfair dismissal claim is usually a last resort, but bringing one requires strict adherence to time limits.

In the first instance, those affected should challenge the decision internally. This could involve having an informal chat with HR, raising a grievance, or appealing the decision. It may be that a mistake occurred, and the matter can be resolved swiftly without escalation.

However, if internal measures fail to provide a satisfactory remedy, it may then be necessary to initiate Acas early conciliation. Not only does this process “stop the clock” on bringing an employment tribunal claim, but it’s usually required before a claim can be pursued. This free and independent process also offers another opportunity to resolve the matter without requiring further formal action.

If all else fails, though, the final step is to bring a tribunal claim. To do so, strict eligibility criteria and time limits must be met; if successful, though, compensation may be awarded.

How Much Can I Get in Unfair Dismissal Compensation?

Should an employee succeed in their unfair dismissal claim, their compensation will be determined by various factors. If a dismissal took place on or after 6 April 2025 and a basic award is provided, it is calculated based on a person’s age, service length, and weekly pay and is currently capped at £21,570. For any compensatory award relating to dismissals on or after the same date, it takes into account losses attributable to the unfair dismissal and is currently capped at the lower of 52 weeks’ pay or £118,223.

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Other unfair dismissal compensation may be awarded, but the amount is subject to the specific facts of the case. If an employee wants to learn more about the compensation they could be entitled to or help with their case, seeking specialist legal advice is recommended.

Get Help with Redmans

If you believe you’ve experienced something similar to Mr Qureshi and want to bring an unfair dismissal claim, contact us. Redmans Solicitors are employment experts, and following a brief consultation, we can provide specialist advice.

It only takes a moment to discover how we can help you, simply:

• Phone 020 3397 3603
• Request a callback via our online form