Cox v Northern Devon Healthcare NHS Trust - Judgment too scanty to even assess for error of law [2012] EAT

A judgement so "scanty" that it was not possible to ascertain whether or not there had been an error of law.

In 2006 Mr Cox, who worked in the maintenance department of the Northern Devon NHS Trust, made disclosures to his employer relating to what he felt were health and safety shortcomings in his department. When these issues were considered some months later it was decided that they were without foundation and steps were taken to discover the identity of the whistle blower. In the circumstances, Mr Cox felt he had no choice but to withdraw from work pending resolution of the matter; in consequence the Trust deemed him to be unwilling to work and dismissed him on 19 November 2007. This decision was rescinded upon appeal, and arrangements made to restore Mr Cox to the pay roll with effect from 19 November 2007, with the terms of his reinstatement to be decided. The Trust refused to reinstate him to his previous role, and he would accept nothing less, arguing that his old job had been offered and he had accepted. He resigned in May 2008 and claimed that he had been constructively unfairly dismissed. 

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