Mr D Durey v South Central Ambulance Service NHS Foundation Trust — 2023

The tribunal dismissed the claimant’s application to strike out the response and rejected criticisms that the respondent’s witness evidence should be given no weight. It assessed the evidence of both sides, made findings on the factual disputes, and concluded there was no basis to strike out the response.

On the whistleblowing claim, the tribunal analysed each alleged disclosure separately. It found that most of the alleged disclosures were not protected disclosures because they did not amount to disclosures of information, did not tend to show a relevant failure, or were not shown to have been made in the claimant’s reasonable belief in the public interest. The tribunal found only one disclosure, made to Ms Jann on 25 September 2018 concerning an audit of a 999 call and unsafe call handling, was a protected disclosure. It nevertheless concluded that the detriments relied on by the claimant were either not detriments on the facts found, were not proved, or were not done because of any protected disclosure.

On dismissal, the claimant relied on a constructive dismissal case. The tribunal held that the matters relied on did not amount to a breach of contract by the respondent, including the implied term of trust and confidence. It was not satisfied that any breach caused the claimant to resign and did not conclude that the claimant had been dismissed. The claims of unfair dismissal and wrongful dismissal were therefore dismissed.