Claimant v Leicestershire Partnership NHS Trust
Outcome
Individual claims
The tribunal dismissed the interim relief application on the basis that it was not likely the claimant would prove he made protected disclosures. The alleged disclosures appeared to convey concerns/opinions rather than information of facts, did not sufficiently indicate breaches of legal obligations, and the tribunal was not persuaded they were reasonably believed to be in the public interest. Even if the disclosures were protected, the tribunal found the two thorough investigations and dismissal decision showed the reason for dismissal was conduct, not the alleged disclosures.
Facts
The claimant was summarily dismissed for gross misconduct by an NHS Trust following two investigations into allegations about his conduct, including unprofessional use of social media and failure to inform his manager of a police arrest. The claimant alleged he had made protected disclosures about data protection breaches and failures to report sexual harassment. He applied for interim relief claiming automatic unfair dismissal for whistleblowing.
Decision
The tribunal dismissed the interim relief application. The judge found it was not likely the claimant would prove he made protected disclosures because his communications appeared to convey concerns and opinions rather than factual information, did not sufficiently indicate legal breaches, and were not reasonably believed to be in the public interest. Even if they were protected disclosures, the dismissal appeared to be for conduct reasons based on thorough, fair investigations.
Practical note
Interim relief applications for whistleblowing require a very high threshold - communications must clearly convey factual information showing legal breaches reasonably believed to be in the public interest, not merely allegations or concerns, and the disclosure must appear likely to be the principal reason for dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 6003059/2024
- Decision date
- 26 June 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No