In person For the v Respondent — 2020

Mr Steven Dance, a Reception Team Leader with North Devon Healthcare NHS Trust, relied on a single verbal disclosure made in February 2018 to Lisa Lilly. He said that a colleague, KS, was self-harming and had said that he wanted to kill himself. The tribunal found that this was disclosure of information with sufficient factual content and specificity to amount to a qualifying disclosure tending to show that KS's health or safety had been, was being, or was likely to be endangered under s.43B(1)(d) ERA 1996.

The claim nevertheless failed because the tribunal accepted the claimant's own evidence that, at the time he made the report, he was concerned about the welfare of his friend and colleague and did not regard the matter as one of public interest. Applying the authorities it cited, including Kilraine, Chesterton and Ibrahim, the tribunal held that the public interest requirement was not met. It also said that any such belief would not have been reasonable in the circumstances described.

Because the disclosure was not a protected public interest disclosure under s.43A and s.43B ERA 1996, the detriment claims under s.47B could not succeed. The tribunal therefore dismissed the claimant's claims at this preliminary hearing and no remedy was awarded.