Scottish nurse sues GP brother after not being told she was sacked

A Scottish nurse is suing her GP brother and his medical practice after he did not tell her for months that she had been dismissed, a move she says was intended to soften the blow during her pregnancy. Anika Moughal, a nurse at Greenlaw Medical Practice in Glasgow, is pursuing legal action against her brother, Dr Mohammed Moughal, and the practice, which has since been dissolved.

An employment tribunal in Glasgow heard that the first respondent used ambiguous language when informing Ms Moughal at the end of April 2024 that she would be removed from the payroll the following month. The judge, Mark Whitcombe, said Ms Moughal had carried out genuine and meaningful work for more than three years, including a period in a remote role managing patients with chronic diseases after her pregnancy began to complicate her duties. The hearing also said she was told to stop logging in rather than being told she was terminated, and that there was no explicit written confirmation of a dismissal. This left her under the impression the situation was not permanent.

Ms Moughal began working for Greenlaw Medical Practice in September 2020 as a practice nurse. She had previously been employed as a receptionist in 2013, and as a healthcare support worker there from 2014 to 2018 while she trained to become a nurse. She took a summer break in 2020 to get married, then returned to work, occasionally attending the GP practice to conduct Covid-19 vaccination clinics or smear clinics. In 2023 she became pregnant; the partners at the practice agreed in writing that she should be off payroll from May 1, 2024, but the conversation at the end of April 2024 left some ambiguity about the permanence of those terms.

The tribunal heard that the relevant conversation at the end of April 2024 involved the first respondent telling the claimant to stop working and to stop logging in, avoiding terms such as dismissed or terminated. Judge Whitcombe said the statements were objectively ambiguous and could be interpreted as non permanent. The case will be considered at a later date before an employment tribunal.

Ms Moughal is pursuing claims for unlawful deductions of wages, failure to inform her of changes to her contract, and unfair dismissal. Greenlaw Medical Practice has since been dissolved.