Dr M Benaris v Leicestershire Partnership NHS Trust — 2025

The claimant brought claims alleging protected disclosure detriments, constructive unfair dismissal for making protected disclosures, and constructive unfair dismissal in any case. The tribunal held that a number of protected disclosure detriment allegations were out of time and that it had no jurisdiction to consider them, because it was accepted that it had been reasonably practicable to present them in time.

For the remaining protected disclosure detriment allegations, the tribunal dismissed the claims. It found that only one detriment, a delay between 16 July and 11 November 2021 in relation to investigating one protected disclosure, had happened, but that this was not because the claimant had made a protected disclosure.

The constructive dismissal claims were also dismissed. The tribunal found that the claimant had already decided to resign before the alleged final straw email of 29 December 2022, had not proven what the final straw was, and had not shown a fundamental breach of contract or a connection between protected disclosures and her resignation.