Claimant v Avon and Wiltshire Mental Health Partnership NHS Trust

The tribunal found that the claimant had not made any protected disclosures. The alleged disclosures did not contain sufficient information to tend to show a breach of legal obligation or danger to health and safety as required by s43B ERA 1996. Therefore, all detriment claims necessarily failed.

The tribunal concluded that the respondent had reasonable and proper cause for all its actions. None of the alleged breaches of the implied term of trust and confidence were established. The investigation, suspension, expenses queries, roster access removal, and return-to-work discussions were all found to be reasonable management actions. Without a fundamental breach of contract, there could be no constructive dismissal.

The tribunal found no protected disclosures had been made. Therefore the claim that the constructive dismissal was automatically unfair for making protected disclosures under s103A ERA 1996 could not succeed.

The tribunal carefully analysed each alleged protected disclosure. None satisfied the statutory test: the October 2022 email was a disagreement about professional roles not a disclosure tending to show breach/danger; the November 2022 team meeting comment was vague and related to general culture; the disciplinary hearing submissions were defending herself not making disclosures; the grievance and subsequent emails did not tend to show the required matters. The claimant failed to prove protected disclosures were made.