Ms Whyte v Birmingham and Solihull Mental Health NHS Foundation Trust: 1306556/2024
JUDGMENT
[1]By consent, the respondent shall treat the claimant in all respects as if she had not been dismissed: it shall reinstate the claimant to her role of Band 6 Crisis Transformation Nurse (working at Recovery House and on the NHS 111 helpline) with all associated rights and privileges (including seniority and pension rights).[2]The respondent shall pay to the claimant the appropriate sum (if any) in arrears of pay from 12 May 2024 until the date of reinstatement, calculated by reference to the following principles:2.1 By consent, the calculation shall be carried out using the agreed weekly gross pay figure of £1012.92 and net weekly pay figure of £855.25, representing the level of earnings from the respondent as at May 2024,2.2 Allowing for the following pay rises: 1 April 2024 @ 5.5%, 1 April 2025 @ 3.6% and 1 April 2026 @ 3.75%.2.3 Deducting from this sum:2.3.1 the pay received by the claimant from Midlands Partnership Foundation Trust.2.3.2 the pay received by the claimant whilst working on the bank for Midlands Partnership Foundation Trust.2.3.3 the pay received by the claimant whilst working for the respondent on the bank between 13 May 2024 and end April 2025.[3]Reinstatement shall take place no later than 12 July 2026.[4]The respondent shall pay to the claimant an injury to feelings award in the sum of £18,000, plus interest in the sum of £352.70.[5]The tribunal does not make any award for the other sums claimed by the claimant, namely losses arising out of sickness absence, petrol expenses, two lost bank shifts or an uplift for failure to follow the ACAS Code.[6]We make a recommendation that, within 18 months of the date of this judgment, there be management training on women’s health, specifically gynaecological issues such as menstrual health and the menopause. Case No:1306556.24 Employment Judge Harding Approved on: 13 May 2026 ANNEX Interest Calculation Reg 3(2) specifies the rate of interest, which is the rate fixed by section 17 of the Judgments Act, currently 8%. The beginning of the date of contravention is 1 December 2024. 894 days to remedy hearing. £18,000 x 0.8%/365 x 894 days = £352.70.