Ms V. Viegas v The Disabilities Trust HELD BY: CVP — 2022

The tribunal found that Ms Viegas made protected disclosures on 28 August 2020 and 14 May 2021. The first related to food hygiene and the safety of service users, and the second to medicine keys left on a table near a service user. In both cases the tribunal accepted that she reasonably believed the information tended to show health and safety risks and that the disclosures were made to her employer within the meaning of the legislation.

The whistleblowing claim failed because the tribunal found no actionable detriment caused by the disclosures. It held that Jennifer Carpenter’s response to the keys email was limited to counselling Amy Jones to be mindful about medicine security and did not involve telling Jones that Ms Viegas was the source. The later events of 9 and 10 June 2021 arose from the strained working relationship between Ms Viegas and Amy Jones, including Ms Viegas’s conduct toward Jones, and were not caused by the disclosures. The tribunal also found that the investigation and outcome process was delayed for ordinary administrative reasons, including illness, clarification, annual leave and workload, rather than because of protected disclosures.

The tribunal held that the complaint about the 14 May 2021 incident was presented out of time and that it would have been reasonably practicable to present it in time. Even if jurisdiction existed, that allegation would have failed on the merits. All whistleblowing complaints were therefore dismissed.

The unlawful deduction from wages claim also failed. Ms Viegas was a bank worker, not a salaried employee, and was only entitled to pay for shifts worked or SSP where the qualifying conditions were met. For 28 May to 4 June 2021 she was off work because of injury, received SSP, and was not entitled to company sick pay or to the £322.70 claimed. The tribunal found there had been no unauthorised deduction from wages and dismissed the claim.