Claimant v George Eliot Hospital NHS Trust
Outcome
Individual claims
The tribunal found that the claimant did not make any qualifying disclosures that predated the allegations. Specifically, no qualifying disclosures were made between mid-April and 10 May 2024, on 08 May 2024, on 10/11 April 2024, or on 09 May 2024. The only alleged disclosure on 16 May 2024 post-dated all allegations and therefore could not have caused them.
The claims of having been subject to detriment on the grounds of having made a qualifying disclosure were dismissed because the tribunal found that no qualifying disclosures had been made prior to the alleged detriments.
The claim of having been dismissed on the grounds of having made a qualifying disclosure was dismissed because the tribunal found that no qualifying disclosures had been made that could have caused the dismissal.
This claim will proceed to final hearing. The preliminary hearing only determined that the whistleblowing elements failed, but the ordinary unfair dismissal claim remains to be determined on its merits.
Facts
Dr Haider brought claims against George Eliot Hospital NHS Trust including whistleblowing claims based on alleged protected disclosures made between April and May 2024, detriment claims, automatic unfair dismissal for whistleblowing, and ordinary unfair dismissal. The case came before the tribunal for a preliminary hearing to determine whether the claimant had made qualifying disclosures.
Decision
The tribunal found that Dr Haider had not made any qualifying disclosures that predated the allegations. All whistleblowing-related claims (detriment and automatic unfair dismissal) were dismissed. The ordinary unfair dismissal claim will proceed to a full merits hearing.
Practical note
Claimants in whistleblowing cases must establish that qualifying disclosures were made before the alleged detriments or dismissal occurred; chronology is critical and post-dated disclosures cannot satisfy the causal requirement.
Case details
- Case number
- 2404335/2024
- Decision date
- 17 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No