Ms S De Casagrande v South London and Maudsley NHS Foundation Trust — 2021

The claimant alleged that she had made protected disclosures in a meeting with Mr Heafield on 27 April 2017, referring to matters concerning an extension and rates at JWH. The Tribunal found that, at most, those matters were mentioned in the context of her complaints about her working relationship with Ms Nsomi-Campbell. It expressly rejected the claimant's evidence that she knew she had blown the whistle at that meeting and found that no protected disclosure was made.

The Tribunal considered the alleged protected disclosure detriments, including alleged failures to protect the claimant from bullying or victimisation, the handling of her sickness absence, the end of her secondment, reporting-line issues, and the absence of an exit interview. It found the allegations were not established, that several actions were reasonable management or HR steps, and that the detriment claim was also out of time in any event.

On constructive dismissal, the Tribunal considered the claimant's allegations of bullying, harassing, intimidating and undermining conduct by Ms Nsomi-Campbell. It found that the alleged conduct did not amount to a breach or series of breaches of the implied term of trust and confidence, save for a hug and one robust email which, alone or together, did not amount to a fundamental breach. It concluded that the claimant resigned because she had been informed that her two-year secondment would end and she would return to her substantive Band 7 role. All claims were dismissed.