Mrs J Climer-Jones v Cardiff and Vale University Local Health Board — 2020

The Tribunal found that the Claimant made protected disclosures on 3 May 2013 about an alleged assault by Lisa Waters and about risks arising from an aggressive patient, on 9 September 2013 about two patients being allocated to one bed space, and on 12 September 2013 about understaffing causing a delay in administering medication. It found a fourth alleged disclosure on 15 September 2013 did not amount to a protected disclosure because it was allegation rather than disclosure of information.

The Tribunal upheld the whistleblowing detriment claim in part. It found that, after the first disclosure, Ms O'Brien directed that the Claimant's complaint be diverted away from the informal stages of the Dignity at Work policy and into a disciplinary route. The Tribunal upheld detriments including the suspension on 22 January 2014, the addition of further misconduct allegations arising from the 3 May 2013 incident, the failure initially to offer a review, the continuation of disciplinary proceedings despite the Respondent having concluded there was insufficient evidence, the withholding of that outcome, the later reinstatement of the disciplinary allegations, the prolonged failure to progress the grievance against Ms O'Brien, and the later decisions over enhancements and holiday pay.