Mogane v Bradford Teaching Hospitals NHS Foundation Trust
Mrs Mogane was a band 6 nurse employed by the Trust under a series of one-year fixed term contracts between 2016 and 2019. A second nurse had been appointed for the first time on a 2-year fixed-term contract, which was due to expire after Mrs Mogane’s latest fixed-term contract.
The financial circumstances in the research unit in which Mrs Mogane and the other band 6 nurse were employed meant that a redundancy situation arose requiring a reduction in staff.
Mrs Mogane was told about the financial situation of the Trusts necessitating redundancies on 21 March 2019. The Trust decided not to renew Mrs Mogane’s contract, solely on the basis that it needed to save costs and her fixed-term contract was coming up for renewal first. When the Trust next met with the Claimant, given it had already determined her role would be made redundant the sole focus of the meeting thereafter related to looking for alternative employment.
Mrs Mogane was offered a more junior alternative post but turned this down and lodged a claim with the Employment Tribunal. Mrs Mogane’s claims were broad and included claims related to protected disclosure detriments and race discrimination in addition to her claim for unfair dismissal.
The Employment Tribunal found that the decision to make Mrs Mogane redundant was fair. Mrs Mogane appealed this aspect of the decision to the Employment Appeal Tribunal.