Claimant v Secretary of State for Defence

Outcome

Facts

The claimant was a UK-registered nurse employed at Dhekelia military base in Cyprus (a Sovereign Base Area) between May 2022 and February 2024. She was married to a serving British soldier and her eligibility for the role required her to be both a UK national and a family member of deployed personnel. She worked under the regulatory framework of the UK Nursing and Midwifery Council and was bound by JSP 950 (Defence Medical Services policy). She alleges she made protected disclosures and suffered detriment. The respondent applied to strike out her whistleblowing claim arguing the tribunal had no jurisdiction as the SBA has its own legal system and no equivalent whistleblowing protection.

Decision

The tribunal dismissed the respondent's strike-out application and declared it has jurisdiction to hear the claim. Employment Judge Codd found that although the SBA is a sovereign overseas territory, the claimant occupied a unique hybrid category of worker bound by UK regulatory frameworks including JSP 950, which specifically incorporates ERA s.47B protections. The judge concluded that for whistleblowing claims specifically, jurisdiction was elected to the UK tribunal through implied terms in the claimant's contract.

Practical note

Legal authorities cited