Claimant v East of England Ambulance Service NHS Trust
Outcome
Individual claims
The claim was brought out of time. The tribunal found that while the original claim form was submitted on 18 October 2023, it was deficient and ultimately treated as having been received on 5 March 2024 after rectification. The last pleaded act of detriment was 18 October 2023, making the time limit expire on 21 January 2024. The tribunal found it was reasonably practicable for the claimant to have submitted a valid claim form by this date, as she had previously received legal advice, had been aware of the nature of her claim, and should have been able to articulate the factual basis for whistleblowing detriment. The tribunal therefore had no jurisdiction to hear the claim.
Facts
The claimant was employed by an NHS ambulance trust from October 2012. She alleged she was subjected to detriments because she made protected disclosures about patient safety concerns to the CQC in April 2022, including disciplinary proceedings initiated in February 2023 and being removed from her role. She filed a claim form on 18 October 2023 but it was deficient and did not clearly set out the factual basis of a whistleblowing claim. After correspondence with the tribunal and an initial rejection, the claim was eventually treated as having been received on 5 March 2024 when the defect was rectified.
Decision
The tribunal found it had no jurisdiction to hear the claim as it was presented out of time. The last act of detriment was 18 October 2023, making the time limit expire on 21 January 2024. The tribunal held it was reasonably practicable for the claimant to have submitted a valid claim form by this date, as she had previously received legal advice, was aware of the nature of her claim, and should have been able to articulate the factual basis for whistleblowing detriment in the original claim form.
Practical note
When submitting a whistleblowing claim, claimants must clearly articulate the factual basis that they suffered detrimental treatment because they made protected disclosures, and administrative errors in completing claim forms will not excuse missing the time limit if the claimant had previously received legal advice about the nature of their claim.
Legal authorities cited
Statutes
Case details
- Case number
- 3311883/2023
- Decision date
- 2 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister