Lead Referral Coordinator loses whistleblowing constructive dismissal claim against NHS trust
A tribunal dismissed all claims by a Lead Referral Coordinator who resigned and alleged constructive dismissal and detriment for raising patient safety concerns at Berkshire Healthcare NHS Foundation Trust.
1 min read · Last updated 18 May 2026
Case details
- #protected-disclosure
- #constructive-dismissal
- #detriment
- #freedom-to-speak-up
- #patient-safety
- #nhs
Key facts
- The claimant was employed as a Lead Referral Coordinator from 24 August 2015 to 11 April 2019.
- She made protected disclosures about patient safety concerns, including unsafe referral processing and breaches of confidentiality.
- The claimant resigned on 11 March 2019, giving no reason in her resignation letter.
- The tribunal found that the claimant made two protected disclosures (PD1 and PD2) but that no detriment was suffered because of them.
- The respondent's actions did not amount to a breach of the implied term of trust and confidence.
- All claims of unfair constructive dismissal, automatic unfair dismissal for whistleblowing, and detriment were dismissed.
Timeline
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Employment started
Claimant commenced employment as a Bank Administrator, later becoming Lead Referral Coordinator in January 2017.
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First raised concerns
Claimant met with PALS Manager Trevor Lyalle and raised concerns about referrals not being actioned.
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Expressed interest in Freedom to Speak Up Champion
Claimant emailed Elaine Williams, the Freedom to Speak Up Guardian, expressing interest in becoming a Champion.
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Meeting with Guardian and Head of Service
Claimant met with Elaine Williams and Martin Sloan to discuss a list of patient safety concerns.
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CCG quality assurance visit
During a CCG visit, claimant stated she had blown the whistle and her concerns were managed effectively.
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Stepped down as Champion
Claimant emailed the National Guardian's Office stating she was resigning as a Champion due to overwhelming problems.
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Meeting with line manager
Claimant met with Gowtham Guggilapu and raised issues including patient AJ and her appraisal.
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Multiple emails and interactions
Claimant exchanged emails with Guggilapu and Williams; she felt harassed. Guggilapu emailed clinicians about patient AJ.
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Alleged meeting with manager
Guggilapu claimed a meeting occurred; claimant denied it. Tribunal found exchanges likely took place.
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Resignation
Claimant resigned with one month's notice, stating she wanted to progress career wise.
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Employment ended
Claimant's employment ended.
The legal issue
The tribunal had to decide whether the claimant was constructively unfairly dismissed, automatically unfairly dismissed for making protected disclosures, and subjected to detriment for making protected disclosures.
The outcome
The tribunal dismissed all claims. It found that the claimant made two protected disclosures about patient safety, but there was no evidence that the trust subjected her to any detriment because of them. The trust's conduct did not amount to a breach of the implied term of trust and confidence, so there was no constructive dismissal. The claimant resigned giving no reason related to whistleblowing, and the trust's actions were reasonable in the circumstances.
Lessons & takeaways
- To succeed in a constructive dismissal claim, you must show that your employer's conduct amounted to a fundamental breach of contract, such as destroying trust and confidence.
- Making a protected disclosure does not automatically protect you from all management actions; you must show that the disclosure was the reason for any detriment or dismissal.
- Resigning without clearly linking your reasons to the employer's breach can weaken a constructive dismissal claim.
- Tribunals will examine the full context of an employer's actions, not just isolated incidents, to decide if they were reasonable.
This case shows the difficulty of proving constructive dismissal and whistleblowing detriment, even when an employee has raised genuine patient safety concerns. The claimant, a Lead Referral Coordinator with over three years' service, resigned after raising issues about referral processing and confidentiality breaches. She argued that the trust's response to her concerns destroyed the trust and confidence needed for the employment relationship.
What the tribunal found
The tribunal accepted that the claimant made two protected disclosures about patient safety. However, it found no evidence that the trust treated her unfavourably because of them. The trust had investigated her concerns, and many were addressed. The tribunal also noted that the claimant's resignation letter gave no hint of whistleblowing as a reason, which undermined her case.
What the trust could have done differently
While the trust won, the case highlights the importance of documenting how whistleblowing concerns are handled. The tribunal noted that some of the claimant's interactions with managers were poorly recorded, but overall the trust's response was reasonable. Employers should ensure they have clear policies for handling protected disclosures and that managers are trained to avoid any perception of retaliation.
Why this matters
This case is a reminder that not every negative reaction to whistleblowing amounts to a legal detriment. Employees who feel they have been penalised for speaking up need to show a clear link between the disclosure and the treatment. For employers, the case reinforces that a robust process for addressing concerns can defend against such claims.
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