In Person For the v Respondent — 2024

Mrs Sophie Cooper worked in the Primary Care Rehabilitation Facility at Hamworthy Barracks from June 2021 and resigned on one month’s notice with effect from 26 April 2023. The tribunal preferred the respondent’s witnesses where their evidence conflicted with the claimant’s and the contemporaneous documents. It rejected the claimant’s alleged October 2021 and February/March 2022 disclosures about out-of-date medication or needles, but accepted that she made a protected disclosure to Mrs Wendy Usherwood on 3 May 2022 that the diagnostic ultrasound machine was out of date.

On the section 47B whistleblowing detriment claim, the tribunal considered nine alleged detriments. It found that only Detriment 4 was factually made out: an unnamed colleague had described the claimant to Mrs Usherwood as "malevolent" and having "evil eyes", and Mrs Usherwood later mentioned that comment in the disciplinary timeline. The tribunal held that this was not shown to have been done because of any protected disclosure, and it would in any event have been out of time. The other alleged detriments were rejected, including allegations of ignored emails, meetings to dismiss the claimant, exclusion from team meetings, removal of her job role, a written warning for "voicing an opinion", an accusation of damaged property, and refusal of a reference.

On the constructive dismissal and section 103A claim, the tribunal held that the claimant resigned rather than being dismissed and that there was no fundamental breach of contract or conduct destroying trust and confidence. It found that the April 2022 comment did not amount to actionable conduct by the respondent, and that the claimant had in any event affirmed the contract by continuing in employment until April 2023. Both claims were dismissed.