Whistleblowing and conduct dismissal: NHS trust's decision upheld
A Health Care Support Worker with four years' service was fairly dismissed for failing to treat a service user with dignity, the tribunal ruled, rejecting claims of whistleblowing detriment and race discrimination.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Health Care Support Worker from 29 September 2017 to 24 September 2021.
- On 1 February 2021, a service user alleged that the claimant made her walk naked from the bathroom to her bedroom.
- The claimant was dismissed for failing to treat a service user with dignity and respect.
- The claimant had made two protected disclosures about discrimination in 2018.
- The disciplinary and appeal panels found the dismissal fair and within the band of reasonable responses.
- The tribunal dismissed all claims of unfair dismissal, whistleblowing detriment, and race discrimination.
Timeline
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Employment start
Claimant commenced employment as a Health Care Support Worker on the Teign Unit.
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Protected disclosure to Ms Bofu
Claimant complained to Margaret Bofu about unfair allocation of breaks and derogatory comments by Lauren Brimble.
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Protected disclosure at BAME meeting
Claimant complained of racism and discrimination at a BAME equality support forum attended by matron Jim Kamara.
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Email complaint about staffing
Claimant emailed Sue Pinnell about being left alone on a secure ward and an altercation with Ife Babalola.
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Incident with service user
Service user alleged claimant made her walk naked from bathroom to bedroom. Claimant denied this.
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Service user complaint raised
Sue Pinnell met service user who made a written complaint about the 1 February incident.
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Suspension
Claimant was suspended on full pay pending investigation into four allegations.
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Disciplinary hearing
Hearing chaired by Hannah Ray; allegation 1 (failure to treat with dignity) upheld; allegations 2 and 3 dismissed; allegation 4 resulted in final written warning.
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Dismissal
Claimant dismissed for gross misconduct based on allegation 1.
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Appeal hearing
Appeal chaired by Mark Arruda-Bunker; further investigation conducted; dismissal upheld.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed for misconduct, subjected to detriment for making protected disclosures about discrimination, or discriminated against because of her race.
The outcome
The tribunal dismissed all claims: unfair dismissal, automatically unfair dismissal for whistleblowing, whistleblowing detriment, and direct race discrimination.
The key reasons were:
- The trust had a genuine belief in the misconduct based on a reasonable investigation.
- The disciplinary and appeal processes were fair and within the band of reasonable responses.
- The protected disclosures did not influence the decision to dismiss or any detriment.
- The race discrimination claims were not well-founded, with no evidence of less favourable treatment.
No compensation was awarded as the respondent won.
Lessons & takeaways
- Employers can fairly dismiss for conduct if they have a genuine belief based on reasonable grounds after a proper investigation.
- Making protected disclosures does not automatically protect an employee from dismissal if the employer has a separate, fair reason for dismissal.
- A fair disciplinary process, including a thorough investigation and appeal, is key to defending an unfair dismissal claim.
- Service user complaints in healthcare settings are taken seriously and can justify dismissal if they relate to dignity and respect.
This case shows how an employer can successfully defend a conduct dismissal even when the employee has previously raised whistleblowing concerns. The Health Care Support Worker was dismissed after a service user alleged she was made to walk naked from the bathroom to her bedroom. The trust investigated, held a disciplinary hearing, and upheld the allegation of failing to treat the service user with dignity.
What the trust did right
The trust conducted a reasonable investigation, including interviewing the service user and the claimant. The disciplinary panel considered the evidence and concluded the claimant had not treated the service user with dignity. The appeal panel carried out further investigation before upholding the decision. The tribunal noted that the process fell within the range of reasonable responses, meaning another reasonable employer could have reached the same conclusion.
Why the whistleblowing claims failed
The claimant had made protected disclosures about discrimination in 2018, but the tribunal found these did not influence the dismissal. The decision-makers were unaware of the disclosures, and the reason for dismissal was the misconduct, not the whistleblowing. This highlights that a fair process based on separate grounds can defeat a whistleblowing claim.
What this means for similar claims
Employees who have raised concerns should still ensure their conduct meets professional standards. Employers should follow a fair process, document their reasoning, and ensure decision-makers are not influenced by protected disclosures. The case also reinforces that service user complaints in healthcare are a legitimate basis for dismissal if properly investigated.
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