Support Worker removed from WhatsApp rota after reporting safety concerns: whistleblowing detriment claim succeeds
A zero-hours support worker who reported a machete on site and was later assaulted by a resident was removed from the work rota after raising concerns. The tribunal found she suffered 11 detriments because of her protected disclosures and awarded £27,677.28.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by ABC Recruitment & Training Ltd as a Support Worker from 17 August 2017.
- She made multiple protected disclosures about safety concerns, including a machete on premises and an assault by a resident.
- After the assault on 24 August 2018, the claimant was removed from the WhatsApp rota and not offered further work.
- The respondent failed to follow its whistleblowing policy and delayed providing an investigation report.
- The tribunal found the claimant was not dismissed but suffered 11 detriments due to protected disclosures.
- The claimant was awarded £9,677.28 for loss of earnings and £18,000 for injury to feelings.
Timeline
-
Employment started
Claimant began working as a Support Worker for ABC Recruitment & Training Ltd, assigned to UK Care Partnership Ltd homes.
-
Machete found
Claimant found a machete under a sofa at Home B and reported it to management.
-
First protected disclosure
Claimant telephoned CD's social worker expressing safety concerns about CD and threats from another resident.
-
Assault by resident
Claimant was physically attacked by resident CD at Home B, sustaining hair loss and injuries.
-
Further disclosure
Claimant raised concerns about a kitchen knife in an unlockable drawer and safety of lone workers.
-
Email listing concerns
Claimant sent an email to Mr Barnes detailing safety and management concerns.
-
Meeting with Mr Anderson
Claimant met with Andre Anderson, who was presented as a safeguarding lead, and disclosed all safety concerns.
-
Removed from WhatsApp rota
Claimant was removed from the staff WhatsApp group, cutting off access to work rotas.
-
Received investigation report
Claimant received Mr Anderson's report, which recommended her employment cease and did not mention her safety concerns.
-
Claimant denied resignation
Claimant emailed Mr Barnes stating she had not resigned and requested communication.
The legal issue
The tribunal had to decide whether the claimant's disclosures about safety concerns, such as a machete found on premises and an assault by a resident, were protected disclosures in the public interest, and whether she was subjected to detriments or unfairly dismissed as a result.
The outcome
The tribunal upheld the claimant's complaint of whistleblowing detriment, finding that she was subjected to 11 separate detriments after making protected disclosures about safety concerns. However, her unfair dismissal claim failed because she was not dismissed – she remained employed but was simply not offered further shifts.
Compensation awarded:
- Loss of earnings: £9,677.28
- Injury to feelings: £18,000
- Total: £27,677.28
Lessons & takeaways
- Zero-hours workers can bring whistleblowing claims if they suffer detriments, even if they are not formally dismissed.
- Removing a worker from a WhatsApp rota or failing to offer shifts after they raise safety concerns can amount to a detriment.
- Employers should follow their own whistleblowing policies and investigate concerns promptly to avoid liability.
- Disclosures about safety risks to vulnerable people are likely to be in the public interest, especially in care settings.
What this case shows in practice
This case highlights the vulnerability of zero-hours workers who raise genuine safety concerns. The claimant, a support worker, reported a machete found under a sofa and later suffered a violent assault by a resident. After raising these concerns with management, she was removed from the staff WhatsApp group – the only way she could access work rotas – and was not offered any further shifts. The tribunal found that this was not a dismissal but a series of detriments because of her protected disclosures.
The claimant's disclosures were clearly in the public interest: they concerned the safety of vulnerable residents and lone workers. The respondent failed to follow its own whistleblowing policy and delayed providing an investigation report, which the tribunal criticised.
What the losing side could have done differently
ABC Recruitment & Training Ltd could have avoided liability by taking the claimant's concerns seriously from the outset. A prompt and proper investigation, following their own policy, and continuing to offer work while the investigation was ongoing would have demonstrated that they were not motivated by the disclosures. Instead, the silence and removal from the rota created an inference of detriment.
Why the result matters for similar claims
This decision confirms that whistleblowing protections apply to workers on zero-hours contracts, not just employees. Any action that puts a worker at a disadvantage – including cutting off access to work – can be a detriment. The award of £18,000 for injury to feelings reflects the distress caused by being frozen out after speaking up about safety. For anyone considering bringing a similar claim, this case shows the importance of documenting all disclosures and any subsequent treatment that could be linked to them.
Similar cases
Whistleblowing during probation: dismissal for suitability upheld
A Head of People Services with only four months' service was dismissed for lack of suitability during her probation. The tribunal found no link between her protected disclosures and the dismissal, rejecting claims of automatic unfair dismissal and detriment.
Whistleblower unfairly dismissed and subjected to detriment: compensation awarded
A former employee who made a protected disclosure was unfairly dismissed and suffered detriment. The tribunal awarded over £6,300, including £5,000 for injury to feelings.
Trader dismissed for alleged leak after raising mismarking concerns: unfair dismissal upheld
A trader with 7 years' service was unfairly dismissed by EDF Trading Limited after a flawed investigation into an alleged leak of confidential information. The tribunal found the dismissal procedurally unfair but rejected his whistleblowing claim.
Whistleblowing care home employee wins liability but loses remedy after failing to attend hearing
A care home employee who was unfairly dismissed for raising food hygiene and safeguarding concerns won her liability case, but the remedy claim was dismissed when she did not attend the hearing.
