Nurse who raised patient safety concerns wins constructive dismissal claim
A Band 5 Staff Nurse was constructively dismissed after making protected disclosures about patient safety and an alleged assault. The tribunal found the Health Board subjected her to detriments including suspension and a flawed disciplinary process.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was a Band 5 Staff Nurse employed by the respondent from 30 November 2009.
- She made protected disclosures about patient safety and an alleged assault by a senior nurse.
- The respondent subjected her to detriments including suspension and disciplinary proceedings.
- The disciplinary investigation was continued despite insufficient evidence.
- The claimant resigned in June 2016 after discovering a draft letter showing the respondent knew there was insufficient evidence.
- The tribunal found the claimant was constructively dismissed and the principal reason was the protected disclosures.
Timeline
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Incident with Patient A and Lisa Waters
Claimant reported concerns about a violent patient and alleged assault by Sister Lisa Waters. She completed a violence and aggression form and contacted the police.
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First protected disclosure
Claimant submitted a violence and aggression form and covering letter to Sharon O'Brien, reporting the assault and patient safety concerns.
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Second protected disclosure
Claimant challenged the allocation of two patients to one bed space, raising patient safety concerns.
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Third protected disclosure
Claimant submitted an incident form about being unable to administer medication due to understaffing.
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Fourth protected disclosure (not upheld)
Claimant accused Senior Controller Louise Farrow of bullying; tribunal found this was an allegation, not a disclosure of information.
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Meeting with Sharon O'Brien
Claimant was told nurses must follow orders like in the army, which the tribunal found was a detriment.
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Suspension
Claimant was suspended pending investigation into gross misconduct allegations related to incidents on 10 and 14 January 2014.
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Additional allegations added
Claimant was accused of making false/malicious allegations about the May 2013 incident, based on a flawed Dignity at Work investigation.
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Draft letter showing insufficient evidence
A draft letter from Nicola Evans stated there was insufficient evidence to pursue the disciplinary case, but this was withheld from the claimant.
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Resignation
Claimant resigned after discovering the draft letter, citing constructive dismissal due to victimisation for making protected disclosures.
The legal issue
The tribunal had to decide whether the claimant was subjected to unlawful detriments and constructively dismissed because she made protected disclosures about patient safety and an alleged assault.
The outcome
The tribunal unanimously upheld the claimant's claims for unfair dismissal (both ordinary and automatic under s.103A ERA) and detriment under s.47B ERA.
The key reasons were:
- The claimant made four protected disclosures about patient safety concerns and an alleged assault.
- The respondent subjected her to detriments including a comment that nurses must follow orders, suspension, and continuation of a disciplinary investigation despite knowing there was insufficient evidence.
- The claimant resigned after discovering a draft letter showing the respondent knew the case was weak, which amounted to constructive dismissal.
The remedy hearing is yet to be listed, so no compensation has been awarded at this stage.
Lessons & takeaways
- If you raise genuine concerns about patient safety or wrongdoing, you are protected from retaliation under whistleblowing law.
- Employers must not continue a disciplinary process when they know there is insufficient evidence to support it.
- A constructive dismissal claim can succeed if you resign in response to a serious breach of trust caused by victimisation for whistleblowing.
- Documenting your disclosures and any evidence of employer knowledge can strengthen your case significantly.
- Even if you are a long-serving employee, the employer's failure to follow fair process can lead to a finding of unfair dismissal.
What this case shows in practice
This case highlights the risks employers face when they fail to take whistleblowing concerns seriously. The claimant, a Band 5 Staff Nurse with six years' service, raised multiple concerns about patient safety and an alleged assault by a senior nurse. Instead of investigating her complaints properly, the Health Board subjected her to a series of detriments, including a suspension and a disciplinary investigation that continued even after internal documents showed there was insufficient evidence.
The tribunal found that the respondent's actions were not just poor management but were directly linked to the claimant's protected disclosures. The turning point came when the claimant discovered a draft letter that revealed the Health Board knew the disciplinary case was weak but had withheld this from her. This breach of trust led her to resign, which the tribunal accepted as a constructive dismissal.
What the losing side could have done differently
The Health Board could have avoided this outcome by taking the claimant's disclosures seriously from the start. A proper investigation into her safety concerns, rather than focusing on allegations against her, would have been the appropriate response. When the disciplinary investigation found insufficient evidence, the Board should have closed the matter and communicated that decision to the claimant. Instead, they continued the process, which the tribunal saw as victimisation.
Why this result matters
This decision reinforces that whistleblowing protections apply even in high-pressure environments like the NHS. Employees who raise genuine concerns about patient safety are entitled to be protected from retaliation, and employers must ensure that disciplinary processes are not used as a tool to silence them. The case also serves as a reminder that constructive dismissal claims can succeed when an employer's conduct destroys the trust and confidence essential to the employment relationship.
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