Care worker who reported colleague's PPE breaches wins whistleblowing claim
A care worker with nine months' service was constructively dismissed after reporting a colleague's failure to wear PPE and other concerns. The tribunal found she was subjected to detriments and victimised for making protected disclosures.
1 min read · Last updated 18 May 2026
Case details
- #whistleblowing
- #protected-disclosure
- #victimisation
- #constructive-dismissal
- #care-worker
- #malicious-reference
- #covid-19-ppe
Key facts
- The claimant was employed as a carer from 27 August 2020 to 6 June 2021.
- She made multiple reports about a colleague's conduct, including failure to wear PPE, financial abuse, and neglect.
- On 3 May 2021, the colleague verbally attacked the claimant during a shift handover.
- The claimant was removed from her regular care rota after reporting the incident.
- The respondent's HR manager gave a malicious reference and made false allegations to the claimant's new employer.
- The claimant resigned on 26 May 2021 due to the respondent's conduct.
Timeline
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Employment started
Claimant began working as a carer for the respondent.
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First protected disclosure
Claimant reported that colleague GH attended work without PPE, a health and safety concern.
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Reported theft concerns
Claimant informed manager that GH had taken money and items from a client's home.
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Reported misuse of client's money
Claimant complained that GH was buying items for herself with the client's money.
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Reported puppy and neglect
Claimant reported GH bringing a puppy to work and leaving urine-soaked clothing on the floor.
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Verbal attack by colleague
GH verbally attacked the claimant during a shift handover, using aggressive language and threats.
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Removed from care rota
Claimant's shifts at the client's home were cancelled after she reported the attack.
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Resignation
Claimant resigned due to the respondent's treatment and failure to address her concerns.
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Claim form submitted
Claimant submitted her first claim to the employment tribunal.
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Malicious reference
MK provided a malicious reference to the claimant's prospective employer, causing the job offer to be withdrawn.
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False allegations to new employer
MK contacted the claimant's new employer and falsely alleged she stole medication.
The legal issue
The tribunal had to decide whether the claimant's reports about a colleague's conduct—including failure to wear PPE, financial abuse, and neglect—amounted to protected disclosures, and whether she suffered detriments and was constructively dismissed because of them.
The outcome
The tribunal found in the claimant's favour on several key points:
- She made protected disclosures about health and safety risks (failure to wear PPE) and other concerns.
- She was subjected to detriments: a verbal attack by the colleague on 3 May 2021 and removal from the care rota.
- She was constructively dismissed because of the protected disclosures.
- She was victimised when the HR manager gave a malicious reference and falsely alleged she stole medication.
Compensation is to be determined at a remedy hearing.
Lessons & takeaways
- Short service does not prevent a whistleblowing claim if the employer's conduct is sufficiently serious.
- Reporting health and safety concerns, such as failure to wear PPE, can be a protected disclosure even if the employee is relatively new.
- Employers must not retaliate against whistleblowers by removing them from duties or providing negative references.
- Victimisation can occur after employment ends, for example through malicious references to new employers.
A care worker who spoke up
A care worker with only nine months' service raised concerns about a colleague's conduct, including failure to wear PPE during the pandemic, financial abuse of a client, and neglect. After reporting these issues, she was verbally attacked by the colleague and then removed from her regular care rota. She resigned in response to the employer's failure to address her concerns.
What the employer did wrong
The tribunal found that the employer, Heheals Pharmaceutical Services Ltd t/a Christchurch Care, subjected the claimant to detriments because of her protected disclosures. The verbal attack and removal from the rota were directly linked to her reports. Worse still, after she resigned, the HR manager provided a malicious reference to a prospective employer and later contacted her new employer with false allegations of stealing medication. This was found to be victimisation under the Equality Act.
Why this case matters
This case shows that whistleblowing protections apply even to employees with short service. The tribunal emphasised that the claimant's reports about PPE and client safety were in the public interest. Employers must take such concerns seriously and avoid any form of retaliation, including post-employment actions like negative references. The case also highlights that constructive dismissal can succeed when an employer's conduct forces an employee to resign.
Compensation will be decided at a later remedy hearing.
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