Cases2402375/2023

Claimant v The Christie NHS Foundation Trust

3 February 2025Before Employment Judge EeleyManchester

Outcome

Claimant fails

Individual claims

Detrimentfailed

The tribunal found that the complaints of being subjected to detriment for making a protected disclosure were not well-founded. The claimant failed to establish that she was subjected to any unlawful detriment on the grounds of making protected disclosures.

Constructive Dismissalfailed

The tribunal found that the complaint of constructive dismissal was not well-founded. The claimant did not establish that the respondent had breached the implied term of trust and confidence entitling her to resign.

Unfair Dismissalfailed

The tribunal found that the complaint of ordinary unfair dismissal was not well-founded, as the claimant did not establish constructive dismissal.

Automatic Unfair Dismissalfailed

The tribunal found that the complaint of automatic unfair dismissal under section 103A ERA 1996 (dismissal for making protected disclosures) was not well-founded, as constructive dismissal was not established.

Whistleblowingfailed

The tribunal rejected the whistleblowing claims, finding that the claimant had not been subjected to detriment or dismissed because of making protected disclosures under sections 47B and 103A ERA 1996.

Facts

Mrs Wight brought claims against The Christie NHS Foundation Trust alleging she was subjected to detriments and constructively dismissed because of making protected disclosures. The case was heard over 20 days in a full merits hearing with the claimant appearing in person against a King's Counsel representing the NHS Trust. Oral reasons were given at the conclusion of the hearing.

Decision

The tribunal dismissed all of Mrs Wight's claims. The tribunal found she had not been subjected to detriment for making protected disclosures, had not been constructively dismissed, and therefore her claims of ordinary and automatic unfair dismissal also failed.

Practical note

A self-represented claimant bringing whistleblowing and constructive dismissal claims against a well-resourced NHS Trust represented by a KC faces significant challenges in establishing the necessary factual and legal elements of the claims over an extended 20-day hearing.

Legal authorities cited

Statutes

ERA 1996 s.94ERA 1996 s.47BERA 1996 s.95(1)(c)ERA 1996 s.98ERA 1996 s.103A

Case details

Case number
2402375/2023
Decision date
3 February 2025
Hearing type
full merits
Hearing days
20
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No