Registered Nurse lost constructive dismissal claim over protected disclosure and discrimination
A tribunal dismissed all claims by a dementia ward nurse who resigned after suspension, finding no link between his protected disclosure and the employer's actions.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant started work on 25 February 2019 as a Registered Nurse on a dementia ward.
- The claimant made a protected disclosure about a manager's treatment of a resident with dementia.
- The claimant was suspended on 7 May 2020 following an investigation into low medication scanning compliance.
- The claimant resigned on 29 May 2020, citing various grievances including the suspension and lack of disability adjustments.
- The tribunal found no causal link between the protected disclosure and the respondent's actions leading to resignation.
- The respondent did not know and could not reasonably have known of the claimant's disability disadvantages.
Timeline
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Employment start
Claimant started work as a Registered Nurse at the Surbiton home.
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Medication room concern
Concerns raised about cupboards and fridges not being locked.
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Investigation meeting
Mr Brown conducted an investigatory meeting with the claimant about locking issues.
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Email to Director of Care
Claimant emailed Pauline Shaw complaining about the meeting and raising concerns about a resident incident.
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Meeting with Home Manager
Claimant met with Helena Maher to discuss his concerns.
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Suspension
Claimant suspended after investigation into low medication scanning compliance.
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Resignation
Claimant resigned with immediate effect, citing multiple grievances.
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Grievance hearing
Grievance hearing proceeded in claimant's absence; outcome not upheld.
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Claim presented
Claimant presented claims to the Employment Tribunal.
The legal issue
The tribunal had to decide whether the nurse was constructively dismissed because of a protected disclosure, and whether the care home discriminated against him on grounds of race or disability.
The outcome
The London South Employment Tribunal dismissed all claims brought by the registered nurse against The Royal Star and Garter Homes.
The key reason was that the nurse resigned after being suspended for low medication scanning compliance, but there was no evidence that his earlier protected disclosure about a resident incident influenced that decision. The employer had a legitimate reason for suspension and the nurse resigned before any disciplinary outcome.
No compensation was awarded as all claims failed.
Lessons & takeaways
- Resigning before a disciplinary process concludes makes it harder to prove constructive dismissal — wait for the outcome if possible.
- A protected disclosure must be a material reason for the employer's action to succeed in an automatic unfair dismissal claim.
- Employers are not liable for disability discrimination if they did not know and could not reasonably have known about the disability disadvantages.
- Representing yourself at tribunal is possible but complex — legal advice can help frame claims clearly.
What this case shows in practice
A registered nurse working on a dementia ward raised concerns about a manager's treatment of a resident. That is a protected disclosure — but it did not protect him from being suspended a few months later over a separate issue: low medication scanning compliance. The nurse resigned shortly after suspension, claiming constructive dismissal and discrimination.
The tribunal found that the care home had a legitimate reason to investigate the scanning issue. The suspension was not a reprisal for the earlier disclosure. The nurse resigned before the investigation concluded, which weakened his claim that he was forced to leave.
What the employer did right
The Royal Star and Garter Homes had clear policies and followed them. The suspension was based on an objective concern about medication safety. The employer also conceded that the nurse was disabled due to dyslexia and dyspraxia, but the tribunal accepted that the employer did not know about the specific disadvantages those conditions caused in his role. Without that knowledge, there was no duty to make reasonable adjustments.
Why this matters for similar claims
This case is a reminder that a protected disclosure does not give blanket immunity from disciplinary action. Employees who raise concerns still need to show a direct link between the disclosure and any detriment they suffer. Resigning too early can close off the chance to prove constructive dismissal. For employers, the case confirms that as long as they act on genuine concerns and follow procedure, they can defend claims even when the employee has made protected disclosures.
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