Claimant v University Hospitals Birmingham NHS Foundation Trust
Outcome
Individual claims
The tribunal unanimously found that the complaints of being subjected to detriment for making a protected disclosure were not well-founded. The judgment indicates the claimant did not establish that any detriments were because of protected disclosures.
The tribunal found the complaint of automatic unfair dismissal was not well-founded. This suggests the tribunal determined that the dismissal was not automatically unfair under the whistleblowing provisions relied upon by the claimant.
The claim for breach of contract based on failure to follow disciplinary procedures was not well-founded. The tribunal determined that the respondent had not breached contractual disciplinary procedures.
The tribunal found the complaint of wrongful dismissal was well-founded and awarded damages of £800, indicating the respondent failed to provide proper notice or payment in lieu of notice at the termination of employment.
Facts
Dr Marianthi Gkreka brought claims against University Hospitals Birmingham NHS Foundation Trust alleging whistleblowing detriments, automatic unfair dismissal, breach of contract relating to disciplinary procedures, and wrongful dismissal. The case was heard over four days with the claimant representing herself and the respondent represented by counsel.
Decision
The tribunal dismissed the whistleblowing detriment claims, automatic unfair dismissal claim, and breach of contract claim relating to disciplinary procedures. However, it upheld the wrongful dismissal claim and awarded £800 damages. The tribunal also found the respondent acted unreasonably in conducting the proceedings and awarded a preparation time order of £945 to the unrepresented claimant.
Practical note
Even where substantive whistleblowing and automatic unfair dismissal claims fail, tribunals may still find technical wrongful dismissal (notice pay) claims succeed, and NHS trusts represented by counsel can face costs consequences for unreasonable conduct against unrepresented claimants.
Award breakdown
Case details
- Case number
- 1304264/2024
- Decision date
- 25 September 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No