15 June 2012 #Employment
Dr Norman Milligan (a consultant neurologist with 37 years experience), was forced to retire at the age of 59 in 2010, from his role at Poole NHS Foundation Trust. He had been diagnosed with post-traumatic stress disorder. This had developed as he had unfortunately watched a relative die in intensive care in March of the same year and consequently started to suffer from anxiety, night-terrors and flashbacks. He started treatment after his diagnosis but was signed off work, as he still remained ill.
In December 2010, he was told that he had two options - he could either take early retirement or undergo a formal hearing to determine whether he should be dismissed because of his inability to carry out his duties. A member of the management team allegedly informed Dr Milligan prior to the appeal against his dismissal that he was being presented with the option of retirement so that his career didn`t "end like this".
The Employment Tribunal ruled that the resignation of Dr Milligan constituted constructive unfair dismissal. The evidence showed that the decision to uphold Dr Milligan`s dismissal had already been taken prior to the hearing, rendering it substantively unfair.