Mr M Temperton v Greater Manchester Mental Health NHS Foundation Trust — 2023

The tribunal found that on 14 October 2022 the claimant told Nurse Gogoma that he disagreed with a patient's seclusion because it was said to be due to staff shortages and was a breach of the Code of Practice. It found this was a protected disclosure. It did not find that all alleged disclosures or detriments succeeded, but it found that the cancellation of the claimant's booked and future shifts on 21 October 2022 was done by reason of that protected disclosure.

The tribunal dismissed the protected disclosure detriment allegation based on the claimant being sent from Priestners Ward to Golborne Ward on 16 October 2022, and the interview allegation was withdrawn. On the disability claim, the respondent had conceded disability and the tribunal found it was under a duty to make reasonable adjustments, but held that sending the claimant home and paying him avoided the relevant disadvantage, so the failure to make reasonable adjustments claim was dismissed.

A later remedy judgment awarded the claimant loss of earnings, injury to feelings and interest for the successful protected disclosure detriment claim. The tribunal declined to make an uplift under s.207A of the Trade Union and Labour Relations (Consolidation) Act 1992.