Staff nurse's constructive dismissal claim over whistleblowing fails
A tribunal has dismissed all claims brought by a Band 5 staff nurse against Lewisham and Greenwich NHS Trust, including constructive dismissal, whistleblowing detriment, and discrimination on grounds of race, age, and religion.
1 min read · Last updated 19 May 2026
Case details
Key facts
- Mrs Holmes worked as a staff nurse at Lewisham and Greenwich NHS Trust until her resignation on 18 August 2021.
- She raised a concern about oxygen administration to a patient who died in May 2020, which the tribunal accepted as a protected disclosure.
- The tribunal found that neither Ms Firaza nor Mr Katandika were aware of the disclosure at the time.
- Mrs Holmes' grievance process was ongoing for about six months before she resigned.
- The tribunal concluded that the respondent did not breach the implied term of trust and confidence.
Timeline
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Death of patient MS
Mrs Holmes raised a concern about oxygen administration to a patient who later died. She reported it to charge nurse Mr Malabuyoc.
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Start of Band 6 secondment
Mrs Holmes began an 8-month secondment as a Band 6 nurse for development and training.
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Disagreement with Ms Firaza
Ms Firaza criticised Mrs Holmes for giving a handover without seeing all injuries; they later resolved it.
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Secretly recorded meeting with Mr Katandika
Mrs Holmes met Mr Katandika, who reassured her that Ms Firaza did not want her to leave. She secretly recorded the conversation.
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Flexible working request
Mrs Holmes submitted a request to maintain her existing shift pattern, but it was not formally handled.
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End of Band 6 secondment
Mrs Holmes' secondment ended without notification, and she reverted to Band 5.
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Formal grievance submitted
Mrs Holmes lodged a formal grievance covering multiple issues including bullying, discrimination, and the Band 6 role.
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Whistleblowing allegation raised
Mrs Holmes explicitly stated in a letter that she had been mistreated for raising concerns about the death of patient MS.
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Lateness incident
Mrs Holmes was late for work; Ms Coiley initially recorded unauthorised leave but later corrected it. No adverse consequences.
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Resignation
Mrs Holmes resigned, citing shift pattern issues, grievance delay, exclusion from feedback, and the lateness incident.
The legal issue
The tribunal had to decide whether the nurse was constructively dismissed, subjected to detriments for making protected disclosures, discriminated against on grounds of race or age, or harassed on grounds of religion.
The outcome
The tribunal dismissed all complaints. It found that the nurse's resignation did not amount to a constructive dismissal because there was no fundamental breach of contract by the Trust. The whistleblowing detriment claims failed because the managers involved were not aware of the disclosure at the time. The race and age discrimination claims were not upheld, and the harassment on grounds of religion claim was also dismissed. No compensation was awarded.
Lessons & takeaways
- For a constructive dismissal claim to succeed, you must show a fundamental breach of contract by your employer that caused you to resign.
- A protected disclosure must be known to the decision-maker to form the basis of a whistleblowing detriment claim.
- Lengthy grievance processes, without more, do not automatically amount to a breach of trust and confidence.
- Secretly recording meetings can be used as evidence but does not itself prove unfair treatment.
What this case shows in practice
A staff nurse who raised concerns about oxygen administration to a patient who later died brought multiple claims against Lewisham and Greenwich NHS Trust. The tribunal accepted that her concern was a protected disclosure, but found that the managers involved were not aware of it at the time. This meant her whistleblowing claims could not succeed.
The nurse also alleged that she had been constructively dismissed after resigning following a six-month grievance process. She pointed to issues including a delayed grievance, a change in her shift pattern, and a lateness incident. However, the tribunal concluded that none of these amounted to a fundamental breach of the implied term of trust and confidence.
What the losing side could have done differently
The Trust's handling of the grievance was not perfect, but the tribunal noted that the process was ongoing and the nurse had not exhausted it before resigning. Employers should ensure that grievances are handled promptly and fairly, but a delay alone is unlikely to be a breach. Managers should also be aware that if a protected disclosure is made, it must be properly recorded and communicated to relevant decision-makers.
Why the result matters for similar claims
This case highlights the high bar for constructive dismissal claims. Resigning in response to a grievance delay or workplace friction will not usually be enough unless there is a clear breach of contract. It also shows that whistleblowing protection requires the employer to have actual knowledge of the disclosure. Employees who believe they have been mistreated for speaking up should ensure their concerns are formally raised and documented.
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