ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4100110/2016 Hearing at Edinburgh on 16, 17, 18, 20, 23, 24, and January 20175 Employment Judge: M A Macleod Ms M Perrett Mr I Drysdale Jacqueline Brown v West Lothian Council — 2017

The claimant, a counsellor employed by West Lothian Council, raised concerns about counselling records, use of SWIFT, and the handling of client contact during her sickness absence. The Tribunal found that her disclosure alleging false retrospective SWIFT entries by her line manager was a qualifying disclosure, but her disclosure about clients not being contacted during her absence did not meet the statutory test.

The Tribunal dismissed the whistleblowing detriment claim. It found that the disciplinary allegations were not spurious, the investigation was not a "witch hunt", the suspension was not shown to have been deliberately prolonged, and the continuation and conduct of the disciplinary process were justified by matters including the claimant's admitted emailing of confidential client information to her personal email account. It also accepted evidence that the protected disclosure did not influence the relevant decision makers.

The Tribunal also dismissed the constructive unfair dismissal and whistleblowing dismissal claims. It found that the claimant resigned before a reconvened disciplinary hearing, and that her resignation was not caused by detriments for making protected disclosures. The Tribunal concluded that the respondent had not dismissed her, had not committed repudiatory breaches of contract, and had acted responsibly and reasonably in investigating and pursuing disciplinary proceedings. No award was made.