An administrator in a health records department can keep the £25,000 she was awarded for being unfairly dismissed - after she had handed in her notice - it has been ruled.

Pat Levy had worked for ten years at QEQM Hospital for the East Kent Hospitals Foundation Trust when, unhappy with one of her managers, she applied for another post in the same trust.

The 57-year-old, of Caernarvon Gardens, Broadstairs, was offered the new job, subject to references.

She gave a note to her department manager, reading "please accept one month's notice from today's date."

But the manager wrote an unfavourable reference, and the job offer was withdrawn.

When Mrs Levy asked if she could withdraw her notice the trust refused, and treated her as if she had resigned from the trust.

Last year, the employment tribunal at Ashford heard that Mrs Levy had only intended to give notice of leaving her department, not the trust, on the basis she would be transferring to another post with the same employer, and that in the exceptional circumstances her notice should not be treated as an effective resignation from the trust.

She was awarded £25,000 compensation for unfair dismissal.

The employment appeal tribunal dismissed the appeal brought by the East Kent NHS Foundation Trust against the decision of the Ashford tribunal, and found that Mrs Levy could keep her compensation.

Judge Eady QC found in favour of the arguments put forward by Tony Pullen of the Kent Law Clinic appearing as advocate for Mrs Levy, and held that the case had been correctly decided by the Ashford tribunal.

Mrs Levy said: "I've been sick with worry that I might end up losing.
"The amount of compensation is life changing for me.
"Without the help of the Law Clinic, I don't think I would have had any chance of winning my case.
"The students and Mr Pullen have been wonderful."

Two Law Clinic students, Gizem Cicek and Juella Noldred, attended the hearing.

A third, Anna Flaherty, worked for more than six months on the case.

"It is a brilliant outcome," she said.
"I am really happy for the client and the experience for me has been so valuable."

Mr Pullen added: "Given the circumstances, I think that it is a pity that the trust felt it necessary to appeal this case."