Claimant v Ace Medical Services Ltd

The tribunal found that the claimant's statement about care certificates was not a protected disclosure as it was not made in the public interest but to advance her own private interests regarding her apprenticeship and future NHS bank work. Moreover, the detriments (probation failure and being escorted from premises) were not done on the ground of making a protected disclosure but due to genuine clinical safety concerns and the claimant's lack of understanding of her learning responsibilities.

The tribunal found the claimant did disclose information (stating she believed a care certificate was a legal requirement which she did not have) on 19 September 2023. However, the disclosure was not made in the public interest but to advance her private interests in her apprenticeship and potential future work. The tribunal also found her belief that the care certificate was a legal requirement was not reasonable given her role as a trainee nurse associate, not a healthcare assistant, and given she had completed core components training and had daily supervision. Furthermore, her dismissal was not for making this disclosure but due to genuine patient safety concerns arising from her working outside her competence and failure to respond to feedback.