Claimant v Durham Careline Limited
Outcome
Individual claims
The tribunal found that the claimant was subjected to detriment for making protected disclosures under sections 48 and 47B of the Employment Rights Act 1996. The claim was well-founded and the tribunal awarded compensation for both injury to feelings and financial losses suffered as a result of the whistleblowing detriments.
The tribunal found that the claimant was constructively dismissed under section 103A of the Employment Rights Act 1996, which relates to automatic unfair dismissal for whistleblowing. The claim was well-founded. The claimant was entitled to a basic award but had fully mitigated her losses by finding new employment, resulting in no compensatory award being made.
Facts
Nicola Abbott was employed by Durham Careline Limited in the healthcare sector. She made protected disclosures (whistleblowing) and subsequently suffered detriments as a result. The situation deteriorated to the point where she resigned and claimed constructive dismissal. She found new employment which fully mitigated her financial losses.
Decision
The tribunal upheld both claims, finding that the claimant suffered whistleblowing detriments and was constructively dismissed for making protected disclosures. She was awarded injury to feelings of £18,000, financial losses of £2,618, and a basic award of £479.11. No compensatory award was made as she had fully mitigated her losses through new employment.
Practical note
Employers who subject employees to detriments following protected disclosures face liability for both the detriments themselves and potential constructive dismissal, though claimants must mitigate their losses by seeking alternative employment.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2501344/2024
- Decision date
- 26 August 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister