Ms Tracy Buckley v Atkins Care Services Ltd — 2021

Ms Buckley had been employed since 17 November 2008 and transferred to the respondent in February 2015 on a zero-hours contract. She withdrew her holiday pay claim at a preliminary hearing and withdrew her unauthorised deductions claim at the hearing. The tribunal heard evidence about matters before and after the 25 March 2019 appraisal, but recorded that Ms Buckley later confirmed that items 3 to 6 on the list of issues were not relied on as reasons for her resignation.

On the evidence about the 25 March 2019 appraisal, the tribunal found that the discussion was mainly operational and that it was not clear what was actually said about the claimant's concerns. It found no qualifying disclosure under the whistleblowing legislation: there was no clear disclosure of information tending to show a breach of legal obligation, and the matters relied on appeared personal to the claimant rather than in the public interest. The 29 April 2019 email was also found not to be a protected disclosure, because it concerned her own situation and did not refer to the wider point about introductions to new carers that she later sought to rely on.

The claimant complained that her concerns were not placed on the agenda for the 9 May 2019 meeting. The tribunal found the agenda had been set before the 29 April email was sent, and that the meeting was intended to deal with issues arising from the earlier appraisal. It accepted Mr Nolan's evidence that, had the meeting continued, he would have considered the matters raised in the email, but the claimant resigned and walked out before that happened. The tribunal therefore found no fundamental breach of contract, no dismissal, no protected disclosure, and no causal link between any disclosure and the alleged detriment.

All remaining claims were dismissed.