Claimant v Guildowns Group Practice

The claimant did not make any qualifying disclosures within s.43B ERA. The communications relied on did not contain sufficient detail and specificity to amount to a disclosure of information that tends to show the alleged wrongdoing. The tribunal found it was not reasonable for the claimant to believe that what she communicated disclosed wrongdoing concerning PCN finances or payroll irregularities.

The tribunal found the claimant did not make protected disclosures. Her communications about alleged misapplication of PCN monies and payroll irregularities lacked the factual specificity required and were largely based on misunderstandings. The claimant could not reasonably believe they tended to show breach of legal obligations, and many assertions were objectively incorrect.

As the claimant did not make any protected disclosures, the claim of detriment on grounds of protected disclosures could not succeed.

The tribunal found the respondent breached the implied term of mutual trust and confidence through a series of acts: failing to support the claimant adequately in her management role, not providing clear outcomes to her concerns about overtime and financial irregularities, accepting untested complaints from Mrs Walker without investigation, undermining the claimant's authority, and proposing a reorganisation that would dilute her role. These acts, viewed cumulatively, were likely to seriously damage trust and confidence and the respondent had no reasonable and proper cause for them.

The respondent did not put forward any potentially fair reason for dismissal. The tribunal found that the dismissal resulting from the constructive dismissal was unfair in all the circumstances, particularly given the respondent's failure to investigate fairly and their one-sided acceptance of complaints against the claimant.